The Swirlies Sipper Cup Refill Program entitles sipper cup owners to one (1) discounted Tropical Ice or Volcano refill per operating day, valid from the date of purchase until September 30, 2025. This program is valid only at the Haymarket, VA location. Customers must purchase a Swirlies Sipper Cup to participate in the refill program. The Sipper Cup remains the property of the purchaser. Only one (1) discounted refill is permitted per sipper cup per operating day. An "operating day" is defined as Swirlies' posted operating hours, barring closures for Acts of God, emergencies and/or machinery failures. Refills are subject to product availability. The Sipper Cup must be presented clean, dry and empty at the time of refill purchase to receive the discounted rate. Swirlies reserves the right to refuse refills for cups that are damaged, excessively worn, or deemed unclean or unsanitary. Lost, damaged, defective or stolen cups will not be replaced by Swirlies, and discounted refills will not be provided without the original Swirlies Sipper Cup with intact cup identifier. Swirlies reserves the right to modify or terminate the Swirlies Sipper Cup Refill Program at any time, with or without notice. Swirlies reserves the right to adjust the price of the Swirlies Sipper Cup and/or the discounted refill price at any time without monetary compensation or refund to the Sipper Cup owner.  Swirlies reserves the right to refuse service or revoke refill privileges to any customer who abuses the program or violates these terms and conditions or any other violations of the venues Code of Conduct. The Swirlies Sipper Cup and discounted refills are not valid with any other discounts, promotions, loyalty program points, spirit nights, fundraisers, special events or coupons. All sipper cup sales are final and non-refundable. The refill program and sipper cup are non-transferable. The refill program and cup have no cash value. These terms and conditions are subject to change without notice. Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to this Agreement, the Swirlies Sipper Cup, the Swirlies Sipper Cup Refill Program, or the purchase or use thereof, including but not limited to disputes regarding the interpretation, validity, enforceability, or breach of this Agreement, shall be resolved exclusively by binding arbitration administered by American Arbitration Association (AAA). The parties hereby waive their right to a jury trial and agree to submit all disputes to arbitration as provided herein. This Agreement, including these Terms and Conditions, constitutes the entire agreement between you and Swirlies concerning the Swirlies Sipper Cup and the Swirlies Sipper Cup Refill Program, and supersedes all prior or contemporaneous communications and proposals, whether oral or written. No other terms or conditions, whether written or oral, shall be considered part of this

Agreement unless they are expressly incorporated herein by reference. By completing the transaction, the purchaser agrees to the terms and conditions of this contract, thereby creating a legally binding agreement