Vintner Rewards Rules
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW
THESE OFFICIAL RULES INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS APP OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.
The Vintner Rewards (the “Rewards Program”) is a loyalty program unique to Uncorked.com (the “Website Owner”) or other website owned or controlled by Website Owner (the “Participating Website”) that is available only you a registered user of the Rewards Program on the Participating Website (a “User”), which is powered by Zinrelo. (“Platform Provider”). Users accessing and engaging with the Rewards Program in accordance with these Vintner Rewards Terms & Conditions (the “Official Rules”) can earn Points (defined below) for activities described on the Participating Website. Points are then deposited into the User’s account and can be used to redeem rewards (“Rewards”) as outlined in the Rewards page available on the Participating Website and/or for the purposes of allowing Users to access collectively the. This includes, but is not limited to, participating in rankings, earning recognition for certain activities and other program elements as may be determined by the Website Owner from time to time at their sole discretion. The Rewards may change from time to time, without notice, at the sole discretion of the Website Owner.
The Rewards Program is offered only to Participating Website customers who are at least 21 years of age and who provide and maintain a valid e-mail address. By joining the program, you represent that you are at least 21 years of age or older. When registering for the Rewards Program you agree to only register one (1) account for the purpose of accruing or earning Points.
The Rewards Program allows Users to earn Points while using, viewing, interacting or responding to a Participating Website, in accordance with the rules of any promotion and the earning Points provisions of these Official Rules. For the purposes of the Rewards Program, “Points” mean those particular Rewards Program measurement increments, which can be used to redeem certain Rewards. Points and their values are: (a) determined by the Website Owner at its sole discretion; (b) subject to change without notice; (c) may vary among promotions; (d) are subject to approval; and (e) may be subject to a limit, including limitations on the number of Points that may be earned during a defined period and/or for specific actions as determined at the sole discretion of the Website Owner. All Points, including but not limited to earning, saving and using, must be used in compliance with these Official Rules. Points are not transferable and Points cannot be earned after the Rewards Program is terminated, as set forth below. Unless prohibited by applicable law, unused Points are forfeited upon termination of the Rewards Program.
Participation in the Rewards Program constitutes acceptance of these Official Rules. These Official Rules may change, in Website Owner’s sole discretion, with or without notice to you. All changes are effective immediately when posted to the Participating Website. Your continued use of the Rewards Program following the posting of revised Official Rules means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The Platform Provider shall not be liable to you or Website Owner for any changes in the Official Rules. You may terminate participation by opting out of Rewards Program or by notifying Website Owner, and upon such termination you may use Points accumulated up to the date of termination. If you opt out of Rewards, Points accumulation ceases immediately, however you may rejoin program and commence Point accumulation at any time.
You may have only one identity that can be used to accrue Points for the Participating Website’s promotions. If you try to use more than one User account, User ID or create more than one identity to obtain more Points, you will be disqualified at Website Owner’s sole discretion. You must treat any User account information, including login credentials, as confidential, and you must not disclose it to any other person or entity.
Subject to change, you may earn a certain number of Points for particular activities or through a particular promotion for which you are invited to participate.
Points and Point-earning activities may be reflected in a widget displayed on the Participating Website and/or on Facebook.com and may be recorded for review by the Website Owner. Points will be deposited in a commercially reasonable time after they are earned. Any inquiries regarding Points not correctly deposited must be received by Website Owner within fourteen (14) days of the date of alleged accrual of Points. Your earned Points are not transferable
To earn Points, you must be signed-in to the Participating Website using the same account with which you signed up for the Rewards Program.
You will earn Rewards as described in a particular promotion for which you are invited to participate. Depending upon the Rewards earned, you will either receive the Rewards from the Website Owner or from the Platform Provider directly. If you have questions or concerns regarding your Rewards, you can contact the support team of the Website Owner.
This Rewards Program may be terminated, modified, and/or suspended at Website Owner’s sole discretion at any time, with or without notice. Any notice of termination (if any) shall be provided to Users in the manner Website Owner deems reasonable, including but not limited to, posting such notice on the Participating Website, Facebook application or via e-mail.
Points may expire, subject to applicable law. You must redeem and use all Points before expiration or the effective date of termination. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Website Owner, or the Platform Provider.
GENERAL TERMS AND CONDITIONS
By participating in the Rewards Program, you agree: (a) to be bound by these Official Rules and by any decisions of Website Owner, which are final on all matters pertaining to this Rewards Program, and (b) to release, defend, indemnify and hold harmless Website Owner and Platform Provider (and their parents, affiliates, subsidiaries, related entities, divisions, distributors, wholesalers, partners, licensees, retailers, sponsors, partnerships, representatives, vendors, contractors, successors, assignees, principals, shareholders, directors, officers, employees and agents, and their advertising, promotion, fulfillment agencies and all other promotional partners) (collectively the “Promotional Partners”) from and against any and all claims, losses, costs (including court costs), fees (including reasonable attorneys’ fees), damages and expenses that the Promotional Partners may incur as a result of, due to, or arising out of (i) altered, late, lost, damaged, destroyed, inaccurate, defaced, misdirected, mutilated, illegible, stolen, delayed, garbled, misrouted, incomplete entries or human, telephone, computer, online or technical malfunctions (including busy lines and disconnections), (ii) your participation in the Rewards Program, (iii) the award, acceptance, receipt, use, redemption, misuse, possession, loss or misdirection of any Points or Rewards or preparing for or participation in any related activity (iv) the use or misuse of the Rewards Program; (v) your violation of these Official Rules; and (vi) your use of the Participating Website. The Rewards Program is governed by, and these Official Rules shall be construed and interpreted pursuant to, the laws of the State of Illinois, without giving effect to choice of law rules. All federal, state and local laws and regulations apply. Website Owner and all entities involved in conducting this Rewards Program, reserve the right in their sole discretion to limit participation in the Rewards Program, assess varying Point values to Point earning opportunities, and to terminate or disqualify your involvement in the Rewards Program.
Website Owner and Platform Provider are not responsible for your inability to accept, redeem and/or use Rewards for any reason, including any third-party’s terms and conditions and/or the terms of business and operations for a particular entity. Normal Internet access and usage charges imposed by your online service shall apply.
You agree that you access this Rewards Program at your own initiative and you are responsible to comply with all applicable laws including any applicable local laws in the respective country where you reside and participate in the Rewards Program. You agree that you will discontinue using our Rewards Program if laws applicable to you restrict or prohibit you from using the Rewards Program.
Taxes on Rewards, if any, are your sole responsibility. Again, Points are not transferable.
REWARDS PROGRAM MALFUNCTIONS AND CONDUCT
Website Owner reserves the right to suspend and/or terminate your access to the Rewards Program or to otherwise terminate or suspend the Rewards Program, without notice or obligation, in whole or in part, at any time, including in the event of computer, programming, system errors or other issues which are beyond Website Owner’s control and that affect Website Owner’s ability to proceed as intended. Website Owner is not liable for any failure to perform its obligations under these Official Rules or to conduct the Rewards Program if due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, epidemic, pandemic, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Any attempts by you to access the Participating Website or Rewards Program via any automated or programmatic means, including bot scripts or other brute-force techniques, whether or not for purposes of gathering Points, shall result you becoming ineligible to participate in the Rewards Program and forfeiting any and all accrued Points.
LIMITATIONS OF LIABILITY AND WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE REWARDS PROGRAM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REWARDS PROGRAM, PARTICIPATING WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE REWARDS PROGRAM, PARTICIPATING WEBSITE, WEBSITE OWNER OR ITS PROVIDERS (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WEBSITE OWNER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE REWARDS PROGRAM AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WEBSITE OWNER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE REWARDS PROGRAM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE REWARDS PROGRAM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WEBSITE OWNER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE EXCLUSION AND LIMITATIONS OF THIS PARAGRAPH SHALL ONLY APPLY TO YOU TO THE EXTENT ALLOWED BY LAW.
Website Owner and Platform Provider are not responsible or liable for: (a) incomplete or incorrect information, garbled transmissions, and telecommunications failures or service interruptions; (b) your use of the Participating Website, Points or Rewards; (c) for typographical, printing or other errors in the offer or administration of the Rewards Program; (d) errors, irregularities or failures in: (i) awarding, accumulating, receiving, redeeming or using Points; (ii) advertising on or related to the Participating Website or the Rewards Program; or (iii) accessing the Rewards Program or the Participating Website or an inability to access the Rewards Program or the Participating Website; (e) mistakes in or changes to the Official Rules, the selection, notification and announcement of the Points or the distribution of Rewards; or (f) any incorrect or inaccurate information, whether caused by Users or by any of the equipment or programming associated with or utilized in the Rewards Program or by any technical or human error which may occur in the processing of submissions in the Rewards Program. Website Owner assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, Points or Point accruing activities. Website Owner is not responsible for any problems, failures or technical malfunction of any online systems, servers or providers, mobile devices, computer equipment, hardware/software, players or browsers, failure of e-mail or Points or Point accruing activities due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to your computer or device or to any other person’s computer or device related to or resulting from participating or downloading materials in this Rewards Program.
IN NO EVENT SHALL WEBSITE OWNER OR PLATFORM PROVIDER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE REWARDS PROGRAM OR PARTICIPATING WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WEBSITE OWNER OR PLATFORM PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEBSITE OWNER’S OR PLATFORM PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIVE DOLLARS (U.S. $5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL ONLY APPLY TO YOU TO THE EXTENT ALLOWED BY LAW.
The Rewards Program or the Participating Website may allow you to submit or transmit audio, video, text, image or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Participating Website. When you provide User Submissions, you grant to Website Owner, Platform Provider and their affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub licensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions. You represent and warrant that you own or control all rights in and to the User Submissions and have the right to grant the foregoing license to us and our affiliates and partners and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not Website Owner or Platform Provider, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
By participating in the Rewards Program, you agree to receive electronic communications from Website Owner or Platform Provider via e-mail and push notifications. These communications may include information about your Rewards, operational notices about the Rewards Program (e.g., password changes and other transactional information). You agree that any notices, agreements, disclosures or other communications that Website Owner or Platform Provider send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you wish to opt out of promotional e-mails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional e-mail itself. By providing your phone number to us, you consent to receive calls or text messages at any such phone number sent by us or on our behalf. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your mobile phone carrier will apply to text messages that Website Owner or Platform Provider send. If you wish to opt out of promotional calls or texts, you may respond to any promotional text received on your mobile device with the word “stop” to opt out of promotional texts.
Except as expressly set forth herein, nothing in these Official Rules grants you any rights in respect of any intellectual property owned by Website Owner, Platform Provider, or their respective licensors, and you acknowledge that you do not acquire any ownership rights by accessing or using the Rewards Program. All intellectual property rights in the Rewards Program are owned by Website Owner, Platform Provider, or their respective licensors.
For any problem or dispute that you may have with Website Owner, you acknowledge and agree that you will first give Website Owner an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following e-mail address: [•].
You then agree to negotiate with Website Owner in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Website Owner’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Rewards Program or these Official Rules shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Website Owner’s, Platform Provider’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Website Owner in any court of competent jurisdiction, Platform Provider and/or the applicable third party(ies). You and Website Owner acknowledge that these Official Rules affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Official Rules (despite any other choice of law provision).
Arbitration under these Official Rules shall be conducted by the American Arbitration Association (the “AAA”) conducted pursuant to the AAA’s Commercial Arbitration Rules. The site of any arbitration will be Chicago, Illinois. The AAA rules are available at www.adr.org. The payment of filing, administration and arbitrator fees will be shared by you and the Website Owner equally. You and Website Owner further agree to pay your own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE APP, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THESE TERMS BY SENDING AN E-MAIL TO [•]. Any opt-out received after the thirty (30) daytime period will not be valid and you must pursue your claim via arbitration pursuant to these Official Rules.
YOU AND WEBSITE OWNER BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WEBSITE OWNER BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND WEBSITE OWNER.
In no event shall any claim, action or proceeding by you related in any way to the Rewards Program or these Official Rules be instituted more than one (1) year after the cause of action arose.
By participating in the Rewards Program, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Official Rules, and to abide by and comply with these Official Rules. If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Website Owner’s failure to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Website Owner in writing. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Official Rules.
These Official Rules constitute the entire agreement between you and Website Owner relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between User and Website Owner with respect to such subject matter. These Official Rules may not be changed, waived or modified except by Website Owner as provided herein or otherwise by written instrument signed by Website Owner. These Official Rules and/or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sublicensable by you except with Website Owner’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Website Owner may assign, transfer, or delegate these Official Rules or any right or obligation or remedy hereunder in its sole discretion.