LOYALTY PROGRAM TERMS AND CONDITIONS
Loyalty Program Overview
Eligibility and Registration
- To fully participate in the Loyalty Program and accumulate Qualifying Purchases (as defined below) with a membership account (“Account“), an individual must register with the Loyalty Program (a “Member“).
- To become a Member of the Loyalty Program, individuals must (i) opt in at the point of sale of any Cellardoor location in The United States. Individuals previously in our database are not automatically enrolled. Register at one of our Cellardoor locations in Portland, Lincolnville or Rockport to begin accruing Loyalty Program credits.
- As of 3/1/17 Cellardoor Winery stores in Portland, Lincolnville and Rockport shall be deemed Participating Stores.
Earning Loyalty Program Benefits
The following are benefits available under the Loyalty Program (collectively, “Loyalty Program Credits“).
Qualifying Purchase Benefits
- Qualifying Purchases expire 90 days after the date on which the purchase was made. Such expired Qualifying Purchases will be removed from the Member Account and will not be used toward a Member’s next Qualifying Purchase Credits.
- Returns, exchanges or activity other than purchases will not be deemed a Qualifying Purchase.
- The status of Loyalty Program credits are communicated via receipt at point of purchase.
Members’ Personal Information
- By becoming a Member, you may receive emails from this Loyalty Program.
Cancellation of Loyalty Account
Members who desire to cancel their Loyalty Account can do so by calling Customer Service at 1-207-763-4478.
Modification and Termination
Program Malfunctions and Conduct
Cellardoor Winery, its affiliates, related companies, and their respective officers, directors, employees and contractors (all such individuals and entities collectively referred to herein as the “Released Parties“) are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Loyalty Program is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Cellardoor Winery which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Loyalty Program, Cellardoor Winery reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Loyalty Program or otherwise respond to the circumstances as Cellardoor Winery deems appropriate. In the event Cellardoor Winery is prevented from continuing with the Loyalty Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Cellardoor Winery control (each a “Force Majeure” event or occurrence), Cellardoor Winery shall have the right to modify, suspend, or terminate the Loyalty Program.
Additional Terms and Conditions
THE LOYALTY PROGRAM, ANY MEMBERSHIP THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT. TJX MAKES NO WARRANTY IN ANY RESPECT AS TO ANY REWARDS OR SERVICES MADE AVAILABLE AS PART OF THE LOYALTY PROGRAM. Cellardoor Winery is not responsible for any assurances, guarantees, representations or warranties made or implied by any parties associated with or involved in this Loyalty Program, including but not limited to any merchandisers, manufactures, suppliers or advertisers of a Loyalty Program Benefit. By participating in the Loyalty Program, each Member accepts all responsibility for, and hereby releases, indemnifies and holds the Released Parties harmless from and against any claims that may arise from actions taken by such Member or for any unauthorized access to Member’s Account by a third party.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM OR YOUR PARTICIPATION THEREIN. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF TJX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, CELLARDOOR WINERY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF A MEMBER PROVES THAT CELLARDOOR WINERY HAS IMPROPERLY DENIED THAT MEMBER ANY REWARD, LIABILITY WILL BE LIMITED TO AN EQUIVALENT REWARD. BY PARTICIPATING IN THE LOYALTY PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. EACH MEMBER SPECIFICALLY WAIVES ANY BENEFIT UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO UNKNOWN CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT”.
General Loyalty Program Conditions
- This Loyalty Program (or any component thereof) is void where prohibited by federal, state or local law or regulation.
- A Member is responsible for advising Cellardoor Winery of any change of their name, mailing address, e-mail address or any other required membership enrollment data. Cellardoor Winery is not liable for misdirected communications or any consequences thereof.
- If any term hereof is held by a court to be invalid or unenforceable, such term shall be severed herefrom and the remaining terms shall remain in full force and effect.