Snackworks Perks Program

PROGRAM TERMS AND CONDITIONS (THE “Terms”) ARE A LEGAL CONTRACT BETWEEN YOU AND MONDELEZ GLOBAL LLC (THE “Company”, “we” or “us”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SNACKWORKS PERKS PROGRAM (THE “Program”) HOSTED ON AND ADMINISTERED THROUGH THE IBOTTA, INC. (“Ibotta”) MOBILE APPLICATION AND IBOTTA WEBSITE (COLLECTIVELY, THE “Site”). BY REGISTERING FOR THE PROGRAM, YOU ARE AGREEING TO ALL PROGRAM TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Your Agreement

This Program is subject to all applicable laws and regulations. By registering for the Program and continuing to access or use the Program, you agree to all the Terms and to our Privacy Notice, and the Financial Incentives Notice (as defined below). If you do not agree to all the Terms and the Privacy Notice, do not access or otherwise use the Site or any services available through this Program. The Program is subject to all Ibotta terms, conditions, and policies (available at https://legal.ibotta.com/policies), including but not limited to the “User Rewards” terms and privacy policy (collectively “Ibotta Terms”), each of which is incorporated herein by reference. In the event of a conflict between these Terms and the Ibotta Terms, with respect to Program-specific promotional Offers/Rewards (defined below), or other activities administered directly by Company, these Terms shall control. All transactions regarding Offers and Rewards (each defined below) are subject to our review and verification.

Changes

The Company may make changes to the Program, content, products (the “Products”) and services (the “Services”) offered at any time in its sole discretion. The Company can change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Site or we may send an email to you at the email address on file. Any such changes will be effective upon posting of the revised Terms on the Site. By using the Program or Site after the Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Program or Site. It is your responsibility to review these Terms periodically.

Eligibility/Your Use of the Program and Site

By registering, you represent, acknowledge and agree that you are at least 18 years of age (or the age of majority of your state of residence, whichever is older), a resident of the fifty (50) United States or the District of Columbia. If you are not at least 18 years of age, you may not participate in the Program or use the Site at any time or in any manner or submit any information to the Company, Program or Site, regardless of consent of your parent or legal guardian.

If you choose to participate in the Program you must first have an active Ibotta account in order to register for the Program. To complete Program registration, you must submit your email address through the registration page on the Site and agree to these Terms. The email address you provide to register for the Program must be the same email address used for creation of your Ibotta account, as your Program registration will be automatically linked. You also have the ability to provide additional optional information through your Ibotta account, which is not required to register for the program but may be helpful to the Company in providing you with a more customized experience when using the Site or its services, or in enhancing our products. Once you have registered for the Program, the Company administrator shall have the right to approve or reject the requested registration, in the Company administrator’s sole discretion. You will create your own password when creating your Ibotta account. You are responsible for maintaining the confidentiality of your Ibotta account credentials and for all activity that occurs under your Ibotta account.

Program, Offers, and Rewards

The Program and Site may make available to you offers related to certain Products (each an “Offer”). When you redeem an Offer through the Program, you will accumulate rewards in the Program (“Rewards”). All Program Offers and Rewards are subject to availability. The Company and/or Ibotta may modify or suspend any Offers and Rewards at any time, and the Offers and Rewards may be subject to additional terms and conditions which will be specified at the time the Offer/Reward is made available. Ibotta makes the Offers and Rewards available through the Site and manages all Program users’ accumulated Rewards and associated payments. For clarity, the Offers and Rewards in the Program are subject to all Ibotta Terms (available at https://legal.ibotta.com/policies), including, but not limited to, in connection with, expiration, redemption, and fulfillment. The Program is limited to one registration per person, limiting the Offers to one person. Program Offers and Rewards are non-transferable. There is no purchase necessary to enroll in the Program. However, certain Program activities may require purchase of qualifying products to earn Rewards. This Program is void where prohibited by law.

Company is not responsible for: (a) any incorrect or inaccurate information, whether caused by printing errors or by any of the equipment or programming associated with or utilized in the Program, or provided by participants; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections to the internet, in phone lines, or network hardware or software; (c) unauthorized human intervention in any part of the Program, including but not limited to the Reward earning process; or (d) technical or human error which may occur in the administration of the Program, including but not limited to the processing of Rewards.

Your Program registration will also be used to send you e-mail updates about the Program, Offers, Rewards, Products, and Services, including upcoming sales, contests, promotions and product information. By enrolling in the Program, you consent to receiving email communications from Company relating to the Program at the email address you provided during registration. You may opt out of promotional email communications at any time by following the unsubscribe instructions included in each email, but please note that opting out of all communications may limit your ability to participate in certain Program Offers or the Program at large.

From time to time, the Company may offer sweepstakes, contests or other separate promotional offers through the Program and/or from the Site (collectively, “Promotions”). The terms of any such Promotion will be made available separately and your participation in any such Promotion will be subject to your agreement to such separate terms.

Company reserves the right to adjust, reverse or forfeit Rewards credited to your Ibotta account in the event of suspected fraudulent activity or other circumstance in which Rewards were awarded in error or in violation of these Terms or the Ibotta Terms.

The Site and Links to other sites

The Program is hosted by Ibotta on the Site, but the Site is not controlled or operated by the Company or its affiliates and may be linked to other web sites that are not controlled or operated by the Company or its affiliates (collectively, “Third-Party Sites”). You are required to create an account with Ibotta to access the Program. The Company does not verify, make any representations or take responsibility for any Third-Party Sites, including but not limited to the Site.

The Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than the Company, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. The Company is providing links to the Third-Party Sites to you as a convenience, and the Company does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply the Company’s endorsement or recommendation.

Privacy Notice

Company will use personal information collected in connection with the Program set forth in its Privacy Notice (the “Privacy Notice”). Ibotta will use your personal information as set forth in its privacy policy.

Material You Submit

You acknowledge that you are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Program and its Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in the Privacy Notice, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferrable, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. You represent and warrant that you own or have the necessary permissions to grant these rights and that your Submission does not infringe or violate the rights of any third. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. The Company’s use of any personal information contained in any of your Submissions is subject to Company’s Privacy Notice.

You agree to pay for all royalties, fees, damages and any other monies owed any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require the Company to monitor, police or remove any Submissions or other information submitted by you or any other user.

Feedback

Except for any personal information we may collect from you in accordance with our Privacy Notice, all remarks, suggestions, comments, questions, or ideas that you communicate to the Company through this Site, or by letter, email, telephone or otherwise (collectively, “Feedback”) suggesting or recommending changes to the Site, the Program, any Services offered through the Site or Materials (as defined below), including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary, and will become the property of the Company, even if this Program has terminated. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, perpetual, irrevocable, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense through multiple tiers) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Unauthorized Activities

You may not: upload to, distribute, or otherwise publish in connection with the Program and/or through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, racially, ethnically or otherwise offensive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; disseminate any unsolicited or unauthorized advertising or promotional materials; use any robot, spider, scraper or other automated means to access the Site; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; alter the opinions or comments posted by others on the Site; post anything unrelated to our business, products or services; or post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. You may not upload commercial content onto the Site.

This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to (a) terminate your registration, and/or your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.

Disclaimer of Warranties

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE PROGRAM, OR THE MATERIALS, SERVICES OR PRODUCTS IN THE PROGRAM. THE PROGRAM AND ALL PROGRAM OFFERS, REWARDS, AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THE PROGRAM WILL BE ERROR-FREE, THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE PROGRAM IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

COMPANY IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY, OR PERFORMANCE OF THE IBOTTA APP OR PLATFORM. ANY ISSUES RELATING TO THE IBOTTA APP, YOUR IBOTTA ACCOUNT, OR THE REDEMPTION OF IBOTTA REWARDS SHOULD BE DIRECTED TO IBOTTA IN ACCORDANCE WITH THE IBOTTA TERMS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PROGRAM, OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE PROGRAM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU EXCEED $100.00.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, suppliers, advertising/promotion agencies and each of their respective officers, directors, employees, affiliates, agents, licensors, and business partners (collectively “Released Parties”) from and against any and all claims, losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these Terms or your improper usage of the Program (including, but not limited to, negligent, unlawful, or wrongful conduct).

Jurisdiction

The Company operates this Program from the Company’s headquarters at 100 Deforest Avenue, East Hanover, NJ 07936. We in no way warrant or imply that the Program is appropriate for use outside of the United States. If you use the Site from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Program in violation of U.S. export laws and regulations. Any claim relating to the Program shall be governed by the substantive laws of the State of New York, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Program shall be in the state or federal courts located in New York County, New York.

Dispute Resolution and Arbitration; Class Action Waiver

Please read the following (this “Provision”) carefully. It affects your rights.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at 100 Deforest Avenue, East Hanover, NJ 07936. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

Please read this Provision carefully. It provides that all Disputes between you and the Company shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).

For the purpose of this Provision, “the Company” means the Company and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Company regarding, arising out of or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Company in the same proceeding.

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute. You must commence this process by mailing written notification to the Company at 100 Deforest Avenue, East Hanover, NJ 07936, Attention: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt-Out

Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to the Company at 100 Deforest Avenue, East Hanover, NJ 07936, Attention: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with the Company. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings. Any controversy, claim, or dispute arising out of or relating to this Dispute or this agreement to arbitrate against or involving any officer, director, agent, employee, affiliate, successor, predecessor, or assign of a party to this Agreement shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law (the “Arbitration”). Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy. JAMS, www.jamsadr.com, will arbitrate all Disputes and the Arbitration will be conducted before a single arbitrator. Unless all parties to the Arbitration agree, the Arbitrator shall be a lawyer on the JAMS roster admitted to practice for at least 20 years or a retired United States District Court Judge. The Arbitration shall be commenced as an individual Arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Governing Law. Because the Program and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. This Agreement and any Disputes arising or relating to your participation in the Program shall be governed by the law of the State of New York, or to the extent (if any) that federal law prevails, by the law of the United States, irrespective of any conflict of law principals. New York’s Statute of Limitations rules will apply.

Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. If the FAA or applicable law provides for the right of appeal, the Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

Location of Arbitration. You or the Company may initiate arbitration in either Chicago, Illinois or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs. The Company will pay all arbitration filing fees and JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and the Company specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by entering into these Terms you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

This Provision shall survive the termination of these Terms. Notwithstanding any provision in these Terms to the contrary, we agree that if the Company makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Company to adhere to the present language in this Provision if a dispute between us arises.

Termination of Program/Account

You may terminate your participation in the Program at any time by requesting to leave the Program (found on the Program site) or through deletion of your Ibotta account. Leaving the Program does not automatically close your Ibotta account, which will continue to be governed by the Ibotta Terms. Closure of your Ibotta account will result in automatic termination of your Program registration, as an Ibotta account is required for the Program. Company reserves the right to suspend and/or modify the Program, or any part of it, or cancel the Program in its entirety if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Program, or any event or cause beyond Company’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Program as determined by Company in its sole discretion.

Intellectual Property

The Company provides content through the Program, including Products and the Services offered therewith, that are copyrighted and/or trademarked work of the Company or the Company’s third-party licensors and suppliers (collectively, the “Materials”) and are protected by United States and international intellectual property and other laws. Materials may include logos, graphics, video, images, software and other content.

Unless otherwise specified, the Program is provided for your personal and non-commercial use in connection with your participation in the Program. You have no rights to any Materials used in the Program. You may not modify copy, edit, distribute, transmit, perform, reproduce, publish, license, create derivative works of, alter, enhance, reverse engineer, transfer, sell or in any way exploit the Program, or Materials, Products, Services in the Program.

Miscellaneous

If any provision of these Terms is deemed unlawful, void or unenforceable, then such term shall be interpreted to reflect the intentions of the parties, and the remaining provisions of the Terms will remain in full force and effect. The failure of Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any other agreements expressly incorporated by reference are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about the Program and the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

Contact Us

If you have any questions about these Terms or otherwise need to contact the Company for any reason, you can reach us at legalnotices@mdlz.com or:

Mondelēz Global LLC
100 Deforest Avenue
East Hanover, NJ 07936
Attention: Legal Department