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Spongebob Tower Defense 

MONEYBACK OFFER TERMS AND CONDITIONS


To ensure transparency and fairness, the following terms and conditions (“Terms and Conditions”) govern your submission of a purchase receipt to claim a money-back offer from OLIPOP as part of the Spongebob Tower Defense promotion (“Offer”). By participating in the offer, you are deemed to have accepted these terms and conditions.

The OLIPOP Spongebob Tower Defense is sponsored and administered by Olipop, Inc. (“Sponsor”), 360 Grand Ave #259, Oakland, California 94610. 

1. OFFER PERIOD:  The Offer begins on August 8, 2025, at 3:00  PM Eastern Time (“ET”) and ends on August 17, 2025 at 9:59 PM  ET or while supplies last, whichever is earlier (“Offer Period”). The Offer is governed by these Terms & Conditions and is subject to all applicable federal, state and local laws.  The Administrator’s computer is the Offer official clock.

Reward Codes obtained during the Offer Period expire December 31, 2025. Qualifying purchases must be made by December 31, 2025. You have sixteen (16) days from redeeming a Reward Code to upload proof of a qualifying purchase. 

2. ELIGIBILITY: This Offer is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States (including the District of Columbia) and who are at least thirteen(13) years old at the date and time of entry. 

Employees, officers and directors of Sponsor, Administrator and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Offer Entities”), and each of their immediate family members (e.g., spouse, parent, child, grandchild, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to participate in this Offer. For purposes of this Offer, persons living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. Participation constitutes participant’s full and unconditional agreement to these Terms and Conditions and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Offer.

3. QUALIFYING PURCHASE. Purchase a 4-pack of the Pineapple Paradise OLIPOP flavor from your local retailer before December 31, 2025. Make sure to keep your receipt that lists the OLIPOP item purchased, the amount, and the date of purchase.  

4. HOW TO SUBMIT. Redemption codes are obtained via a Roblox task during the Offer Period, which provides access to a portal to provide proof of purchase for a refund up to $9.99 (the “Reward”).

(1) Obtain a redemption code. Login to your Roblox account, or create a free account online at roblox.com. When in the game, navigate to the “Level Up with OLIPOP” event  and follow the instructions to participate in the “Spongebob Tower Defense” game. Within the game, collect all five (5) unique OLIPOP/Spongebob can relics. Once all cans are collected, return to the “Level Up with Olipop” event icon and click “claim.” If you are one of that day’s first five hundred (500) claimants (see Section 7), a pop up will appear with an 8-digit numerical code (the “Reward Code”) and a link to drinkolipop.com/freesoda. Screenshot, write down, take a picture, or otherwise save this code and URL. You can also reaccess your code during the Offer Period, but after this the code is not available in Roblox, so be sure to save another way.  Reward Codes expire on December 31, 2025.

(2) Access the redemption portal. Visit drinkolipop.com/freesoda and enter the Reward Code, then complete the form and provide a valid telephone number that is able to receive text messages. Message & data rates may apply. NOTE THAT ONCE A CODE HAS BEEN REDEEMED, YOU HAVE SIXTEEN (16) DAYS TO UPLOAD PROOF OF A QUALIFYING PURCHASE (STEP 3, BELOW). If Step 3 is not completed within sixteen (16) days, the Reward Code will expire and the Offer is void. 

(3) Upload proof of a qualifying purchase. You will receive a text with instruction to upload a copy of a receipt showing a qualifying purchase (the “Submission”) within sixteen (16) days. Each receipt may only be uploaded once. Receipt must clearly show the purchase of the qualifying item(s), date of purchase, and retailer. Any attempt to manipulate, alter, duplicate, or otherwise edit the original receipt, at Sponsor’s sole discretion, will result in disqualification and potential legal actions pertaining to fraudulent behavior. Sponsor reserves the right to reject any Submission that appears to be fraudulent or does not comply with these Terms and Conditions. Duplicate or suspicious Submissions may be subject to further verification.

(4) Link a Venmo or PayPal account to your email address and phone number. During the Submission, you’ll be asked if you prefer Venmo or Paypal, and to provide the account details. If not already, create a free Venmo or PayPal account and ensure the email address and phone number provided in the redemption portal and the Submission are linked to this account.

5. SUBMISSION VERIFICATION. The uploaded receipt will then be verified within seventy-two (72) hours by the Sponsor and/or Administrator. You will receive a notification of whether the Submission has been approved or rejected. If Sponsor and/or Administrator determine, in their sole discretion, that a Submission is invalid and therefore rejected, you will be notified of the reason for their determination via the phone number provided. Rejected Submissions will have one (1) additional opportunity to upload a qualifying receipt of purchase within five (5) days of receiving the rejection by following the steps in the rejection notification. If rejected again, or a resubmission is not attempted, the Submission is void and a new Submission must be attempted.  

The Sponsor and Administrator may, at any time, disqualify any participant who is not acting in accordance with these Terms and Conditions or who tampers with the process. All decisions by the Sponsor are final. Failure by the Sponsor or Administrator to enforce any of their rights at any stage does not constitute a waiver of those rights. 

6. REWARD.  After verification, eligible Submissions will receive a Venmo or PayPal for the retail value (less tax and any CRV) of one (1) 4-pack of OLIPOP Pineapple Paradise documented on the Submission, or $9.99, whichever is less. This will be texted to the phone number provided on the submission. 

The Offer Entities shall not be held responsible for any delays for any reason. Sponsor is not responsible for any undelivered text message or e-mails, including, without limitation, messages or e-mails that are not received because of privacy or spam filter settings which may divert any Offer message or e-mail, including any Reward message or e-mail, to a spam or junk folder. Rewards that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Rewards are non-transferable and no substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a Reward of equal or greater value in case of unavailability of the Reward or force majeure, at Sponsor’s sole and absolute discretion. Offer Entities shall not be held responsible for any delays in awarding a Reward for any reason. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Reward. All other costs and expenses not expressly set forth herein shall be solely the participant’s responsibility. 

7. LIMITATIONS. Limit one (1) Reward per person during the entire Offer Period. There are a total of 5,000 (five thousand) Rewards available during the Offer Period, divided across ten (10) days. Specifically, five hundred (500) Reward Codes will be available per day in the Roblox “Spongebob Tower Defense” game. The number of Reward Codes will reset at 3pm ET each day.The first five hundred (500) people per day who have collected all five (5) relics and who click “claim” will receive a Reward Code. Relics do not need to be collected the same day as clicking “claim;” if you complete the task but there are no Rewards remaining for that day, you can return on subsequent days to see if you’re one of the first five hundred (500) of that day. If less than five hundred (500) Reward Codes are issued in a given day, they will not be rolled over onto subsequent days. 

8. WAIVERS AND RELEASES. By participating in this Offer, participant agree that the Offer Entities, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively with the Offer Entities, the “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Offer; (vii) any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Offer and/or accepting a Reward; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions. Further, the Released Parties are not responsible for any unanswered or undeliverable reward notifications. 

By entering the Offer, each participant agrees: (i) to be bound by these Terms and Conditions, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Offer; and (iii) to forever and irrevocably agree to release, indemnify, defend and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Offer, including, but not limited to, any Offer-related activity or element thereof, and the participant’s entries, participation or inability to participate in the Offer; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Reward (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed reward (or any element thereof); or (h) the negligence or willful misconduct by participant. If, for any reason, the Offer is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Offer and/or proceed with the Offer. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Offer should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Offer; or (b) to disqualify any participant found to be, or suspected of: (i) tampering with the entry process or the operation of the Offer; (ii) acting in violation of these Terms and Conditions; or (iii) acting in an un-sportsmanlike manner. 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS OFFER, INCLUDING THE REWARDS, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

9. ARBITRATION AGREEMENT; DISPUTE RESOLUTION BY BINDING ARBITRATION:

a.    Agreement to Arbitrate: This Section is referred to in these Terms and Conditions as the “Arbitration Agreement.” You (the participant) agree that any and all disputes or claims that have arisen or may arise between you and Sponsor or Administrator, whether arising out of or relating to these Terms and Conditions, the Offer, your participation in the Offer, the Reward, acceptance, possession, use or misuse of the Reward, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by participating in the Offer, you and Sponsor and Administrator are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b.    Prohibition of Class and Representative Actions and Non-Individualized Relief: PARTICIPANT AND SPONSOR AND ADMINISTRATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SPONSOR AND ADMINISTRATOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 

c.    Pre-Arbitration Dispute Resolution: Sponsor and Administrator are always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing Administrator’s support team at support@dailybreak.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Sponsor should be sent to Olipop, Inc., 360 Grand Ave #259, Oakland, California 94610, Attn: OLIPOP Spongebob Tower Defense.   The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Sponsor or Administrator and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor or Administrator, as applicable, may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Sponsor, Administrator or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.

d.    Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms and Conditions as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and Conditions and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Sponsor or Administrator and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Sponsor or Administrator, as applicable, agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e.    Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.

f.    Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g.    Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void.  The remainder of these Terms and Conditions will continue to apply.

h.    Conflict: In the event of any conflict between any term or condition in this Section and any term or condition in our Terms of Use located at https://www.dailybreak.com/terms, then the applicable term or condition in this Section shall apply.

10. PRIVACY:  Sponsor’s privacy policy is available at https://drinkolipop.com/pages/privacy-policy.  As a condition of entering the Offer, each participant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Offer and to comply with applicable laws, regulations and rules. Any information participant provides to Sponsor may be used to communicate with participant in relation to this Offer.  

11. PUBLICITY RIGHTS:  By participating in this Offer, each participant agrees to irrevocably allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Offer for promotion, trade, commercial, advertising and publicity purposes in all media worldwide, including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law. 

12. GENERAL:  Any attempted form of participation in this Offer other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any participant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Offer; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Offer. Any attempted form of participation in this Offer other than as in these Terms and Conditions is void. If it is discovered that a person has participated or attempted to participate more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s Submissions will be declared null and void and that person will not be awarded any Reward that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Offer will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Participants may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. In the event of a dispute as to the identity of a participant, the Submission will be declared made by the authorized account holder of the email address used to enter. “Authorized account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address. Each participant may be required to show proof of being an authorized account holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Offer, to be acting in violation of these Terms and Conditions or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Offer. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Offer will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION:  ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms and Conditions or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions or the Reward documents will not affect the validity or enforceability of any other provision. No participant shall have the right to modify or amend these Terms and Conditions. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All submissions and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Offer details contained in these Terms and Conditions and Offer details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Offer as set forth in these Terms and Conditions shall prevail.