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- ClubBev! Terms and Conditions
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Last Updated: September 15, 2017
- A. The ClubBev! program (“ClubBev!” or the “Program”) is sponsored by Beverages & More, Inc. (“BevMo!”, “we”, “us” or “our”). Membership is voluntary, free and is open to legal residents of the United States (including Puerto Rico) who are 21 years of age or older. No purchase is necessary to become a member. Commercial customers and others purchasing items for resale are not eligible for membership.
- B. By becoming a ClubBev! member (“Member”), you (i) represent that you are 21 years of age or older and (ii) agree to the Program Terms and Conditions (these “Terms”). PLEASE TAKE NOTICE THAT THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH JURY TRIAL AND CLASS ACTION WAIVERS.
- C. BevMo! reserves the right to refuse membership to any applicant and membership is revocable without cause.
- E. A member may cancel his or her membership at any time by contacting BevMo! by phone at 1.877.77.BEVMO (23866).
- A. Enrollment
- i. You can enroll in ClubBev! by:a. Requesting membership at one of our stores by completing the ClubBev! registration form at the checkout stand. When you enroll in ClubBev! in store, you will be provided an identification card containing a member number (collectively “Membership ID”). You may then visit the BevMo! website and create an online profile so that you can access the online benefits of the Program.
- b. Creating an account online. If you enroll online, you will not be provided a membership identification card, but you will be provided a membership number at the time of registration.
- ii. Limit one membership per person and per phone number and email address. Membership is non-transferable.
- iii. In the event of a dispute over ownership of the Program account, the registration will belong to the authorized account holder of the email address submitted at the time of registration. For purposes of these Terms, the “authorized account holder” for the email address is the natural person who is over the age of 21 and is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event there is no email address associated with the Program account, the registration will belong to the authorized account holder of the phone number submitted at the time of registration. The “authorized account holder” for the phone number is the natural person who is over the age of 21 and is assigned to the phone number by a telecommunications service provider or other organization that is responsible for assigning phone numbers associated with the submitted phone number.
- B. Access and Updating Account Information
- i. When you sign up for a ClubBev! account online, or when you link an account created in store to an online profile, you will also be able to access information about your ClubBev! points and other information specific to you and the Program through your online account. You are responsible for creating a complex password to protect your online ClubBev! account and for ensuring that you do not share your password with others. To receive all benefits associated with the Program, including receipt of and access to 5% Savings Rewards information, you must fill out the profile information form completely and as specified.
- ii. For information about an individual ClubBev! account or any other Program-related questions or information, contact BevMo! via phone at 1.877.77.BEVMO (23866). A Member can view his or her ClubBev! activity online at bevmo.com.
- iii. Each ClubBev! Member is responsible for maintaining accurate and updated personal information in his or her account profile. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages (for example, you consent to receiving textmessages on your mobile phone number), you are obligated to alert BevMo! of any change in contact information. Please contact BevMo! via phone at 1.877.77.BEVMO (23866) or go online to bevmo.com and update your account.
- iv. In the event you lose your Membership ID, you may contact BevMo! via phone at 1.877.77.BEVMO (23866). In the event BevMo! cannot locate your prior account information, you will have the option of opening a new Membership account.
- C. Communication
- i. By becoming a ClubBev! Member you agree to receive transactional emails and promotional email offers and updates from the ClubBev! Program and from BevMo! and its affiliates. Members may not unsubscribe from transactional emails (e.g., order status; order confirmation emails) of the Program. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails.
- ii. By becoming a ClubBev! Member, you may also opt in to receive text messaging communication from BevMo!. To do so, check the checkbox on the online ClubBev! account registration page that indicates: “By checking this box and clicking the ‘Join ClubBev! Now’ button below, I verify this is my mobile number and consent to receive text messages via automated technology to this number regarding product offers by or on behalf of Beverages & More, Inc. I understand that consent is not required to make a purchase.” You will then receive a text message from BevMo! asking for a response of “Y” to confirm that you consent to receive text messages from BevMo!. You may revoke your consent to receive text message communication from BevMo! at any time by typing “STOP” in response to a text message from BevMo!, or by calling BevMo! via phone at 1.877.77.BEVMO (23866). You will receive one final text message from BevMo! confirming that you will no longer receive text messages from BevMo!.
- A. Earning Points and Points Expiration
- i. Once you become a ClubBev! Member, when you provide your Membership ID when you shop at BevMo! stores or when shopping online at www.bevmo.com if you are logged into your ClubBev! account, you will automatically receive one (1) point into your ClubBev! Program account for every $1 spent on any eligible product purchase (a “Qualifying Purchase,” as further described below). Alternatively, if you are shopping at a BevMo! store you may, at your election, use your telephone number to identify yourself as a ClubBev! member.
- ii. Qualifying Purchases include regular and sale priced merchandise in BevMo! stores and online. Purchases of the following items are not Qualifying Purchases and points will not be earned on them: (a) the amount of purchase covered by the redemption of a 5% Savings Reward; (b) any other coupon or discount voucher; (c) gift cards; (d)sales tax;(e) CRV; (f) deposits and shipping charges; or (g) other excluded charges specified by BevMo! from time to time.
- iii. Your point total is accumulated each night, with updated progress shown on BevMo.com the following day. Once your spending reaches an increment of $250 (or 250 points), we will send you a 5% Savings Reward as stated below. A maximum of four rewards can be earned per member per week.
- iv. POINTS HAVE NO CASH VALUE. POINTS THAT REMAIN ON A MEMBER’S ACCOUNT WILL BE FORFEITED IF THE PROGRAM IS TERMINATED OR THE MEMBER’S ACCOUNT IS TERMINATED OR CLOSED.
- v. If you make a Qualifying Purchase and did not provide your Membership ID or telephone number at the time of the purchase, you may request credit for the Qualifying Purchase within 15 days of the purchase by emailing customer service through the form on our website www.bevmo.com and include the following formation, which is found on your receipt: (a) your name; (b) your phone number and/or ClubBev! account number; (c)store location; (d)transaction date; (e) register number; (f)invoice number; and, (g)total amount of the sale. Once it is confirmed that the purchase was a Qualifying Purchase for which a return did not occur, the appropriate points will be added to your ClubBev! Program account.
- vi. BevMo! reserves the right to correct inaccurate points represented in your ClubBev! account.
- vii. BEVMO! RESERVES THE RIGHT, WITHOUT LIMITATION, TO TERMINATE, CHANGE, LIMIT, MODIFY, OR CANCEL ANY OF THE ABOVE MEANS OF EARNING POINTS AND THE NUMBER OF POINTS EARNED (WHETHER THROUGH PURCHASE OR ENGAGEMENT), AT ANY TIME, WITH OR WITHOUT NOTICE.
- B. 5% Savings Rewards
- i. If you provided BevMo! with your email address, your 5% Savings Rewards will be sent to you at the email address associated with your ClubBev! account approximately one week after they have been earned. However, you are responsible for updating your Program account in the event your email changes and BevMo! will not be held responsible for 5% Savings Rewards sent to an email address you no longer have access to or no longer use. If you have not provided your email address, the 5% Savings Rewards will be mailed to you at the postal address you provided. Please allow up to 14 days for receipt.
- ii. BevMo! is not responsible for communications, including 5% Savings Reward, lost due to change of address or other contact information, and/or a Member’s failure to keep their account information up to date.
- iii. 5% Savings Rewards can be used in participating BevMo! stores or at www.bevmo.com. To redeem your 5% Savings Rewards in store, you must provide your 5% Savings Reward at the time of purchase. To redeem your 5% Savings Reward online you will need to enter the unique identifier on your 5% Savings Reward when completing your checkout process.
- iv. 5% SAVINGS REWARDS MAY ONLY BE USED ONCE (REWARDS USED IN STORE MUST BE SURRENDERED AT THE TIME OF REDEMPTION), MAY NOT BE USED ON PAST PURCHASES, HAVE NO CASH OR MONETARY VALUE, ARE NOT REDEEMABLE FOR CASH, AND NO CHANGE OR CURRENCY WILL BE GIVEN FOR 5% SAVINGS REWARD REDEMPTION.
- v. WE WILL NOT RETURN OR REISSUE TO YOU ANY 5% SAVINGS REWARD YOU USED TO PURCHASE A PRODUCT, OR ADD POINTS TO YOUR CLUBBEV! IF OR WHEN YOU RETURN THE PRODUCT TO US. THIS IS BECAUSE 5% SAVINGS REWARDS HAVE NO CASH VALUE AND CAN BE USED ONLY ONCE.
- vi. UNLESS OTHERWISE NOTED ON THE 5% SAVINGS REWARD, EACH 5% SAVINGS REWARD WILL EXPIRE ON THE EXPIRATION DATE SHOWN ON THE 5% SAVINGS REWARD (WHICH WILL BE APPROXIMATELY90 DAYS FROM THE ISSUANCE DATE -- NOT THE DATE THE 5% SAVINGS REWARD IS RECEIVED BY THE MEMBER) AND EXPIRE AT 11:59 PM PACIFIC TIME ON THE EXPIRATION DATE SHOWN ON 5% SAVINGS REWARD.
- vii. No photocopies or facsimiles of 5% Savings Rewards will be accepted.
- viii. Lost, stolen, or expired 5% Savings Rewards will be replaced in the sole discretion of BevMo!.
- ix. The 5% Savings Reward is not valid with any other offers or employee discounts. Also, the 5% Savings Reward is not applicable on purchases of gift cards. Taxes and CRV not included.
- x. Additional exclusions and limitations may be specified on the 5% Savings Reward at the discretion of BevMo!. Members may be notified of additional eligible and ineligible products at the point of redemption.
- C. Other Benefits
- i. BevMo! will notify ClubBev! members about promotions, special events and tastings happening at a local BevMo! store. Events and tastings schedules are also posted at each store, or may be listed online, or ask any BevMo! store associate for more information.
- ii. BevMo! offers savings each month on wine, beer, spirits & more. In stores, look for the special “ClubBev! Price” to view your savings.
- iii. These other benefits are offered in BevMo!’s sole discretion and may be cancelled, changed or offered to non-ClubBev! Members at any time.
- A. The ClubBev! Program membership and its benefits are offered at the discretion of BevMo!. BevMo! reserves the right, without limitation, to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time without further obligation to ClubBev! Members or others, even though such changes may affect the value of points already accumulated and/or the ability to use accumulated points toward 5% Savings Rewards. BevMo! may, among other things: (i) increase or decrease the number of points earned on a Qualifying Purchase; (ii) increase the number of points required to earn a 5% Savings Rewards; (iii) institute or add blackout dates; and (iv) modify point expiration dates.
- B. WE MAY CHANGE OR MODIFY THESE TERMS BY POSTING THE UPDATED TERMS AT WWW.BEVMO.COM. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH POSTING WILL CONSTITUTE YOUR ACCEPTANCE OF THE NEW OR DIFFERENT TERMS. YOU SHOULD PERIODICALLY VISIT WWW.BEVMO.COM TO REVIEW THE CURRENT TERMS TO WHICH YOU ARE BOUND.
- C. These Terms supersede all previously published Terms in their entirety.
- D. Abuse of the Program, including but not limited to failure to follow Program policies and procedures, the sale or barter of 5% Savings Rewards, and any misrepresentation of fact relating to these or other improper conduct as determined by BevMo!, in its sole judgment, may result in cancellation of a Member’s ClubBev! Program account and future disqualification from Program participation, forfeiture of all points accrued, and cancellation of previously issued but unused 5% Savings Rewards. At our discretion, and without limitation of our other rights and remedies, we may prosecute abuse of the Program to the fullest extent of the law.
- E. BevMo! may, in its discretion, close the ClubBev! accounts of Members who have been inactive for more than 18 months.
- F. Points and/or 5% Savings Rewards are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to a Member’s successors and assigns. Accrued points and/or 5% Savings Rewards do not constitute property of the Member. Accrued points and/or 5% Savings Rewards are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise.
- G. BevMo! reserves the right to make bonus points and other promotional offers available to select Members based on purchase activity, geographic location, Program participation, and/or information supplied by the Member. BevMo! reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion, with or without notice to Members.
- H. BevMo! reserves the right to interpret and apply the policies and procedures communicated in these Terms. All determinations by BevMo! shall be final and conclusive in each case.
- I. BevMo!, its parent and subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the “Released Parties”) make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, EACH MEMBER HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES RELATING TO THAT MEMBER’S PARTICIPATION IN THE PROGRAM, USE OF 5% SAVINGS REWARDS OR AGREEMENT TO THESE TERMS.BEVMO! AND THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON BEVMO!’S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM BEVMO! AND THE RELEASED PARTIES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
- J. We can delay enforcing our rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.
- K. The BevMo! logo, the Club Bev! Logo, and other designs, text, logos, and icons, or other intellectual property are owned by and proprietary to BevMo!. Members may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website in any way for any public or commercial purposes, without BevMo!'s written permission. Members are authorized to use this material only for personal, non-commercial purposes.
- L. This Program and these Terms will be governed by and construed under the substantive laws of the State of California without reference to conflict-of-laws considerations, except where federal law, including the Federal Arbitration Act, apply.
- M. If any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted, and the remainder of that provision will no longer be considered as part of these Program Terms. However, in any area where some or all of the provisions in these Terms are void due to law, BevMo! may elect at its discretion to no longer offer the Program.
- A.. Member and BevMo! agree that they will resolve any disputes through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between Member and BevMo! relating to Club Bev! or this Agreement (each a “Claim”) shall be submitted for binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in this Section 5 Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- B. If Member demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, BevMo! will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. However, BevMo! will not pay Member’s share of the arbitration fees if the arbitrator finds that either Member’s claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
- C. This arbitration agreement does not preclude Member from seeking action by federal, state, or local government agencies. Member and BevMo!also have the right to bring qualifying claims in small claims court. In addition, Member and BevMo! retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
- D. NEITHER MEMBER NOR BEVMO! MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator can decide only Member and BevMo!'s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- E. If any provision of this Section 5 is found to be invalid or unenforceable, except for subparagraph (d), then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 5 shall continue in full force and effect. No waiver of any provision of this Section 5 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. If subparagraph (D) is found to be invalid or unenforceable then neither Member nor BevMo! shall be entitled to arbitration.
- F. This Arbitration Provision shall survive termination of the Program or Member’s ClubBev! account.
- G. If you do not want to be bound to this Arbitration Agreement, you must opt out of it within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms and Conditions containing the Arbitration Agreement). To opt out of this Arbitration Agreement, you must send a letter or postcard to BevMo! headquarters, to the attention of the “Legal Department” and state that you do not want to be bound by this Arbitration Provision. BevMo’s address is 1401 Willow Pass Rd., Suite 900, Concord, California 94520.
- H. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to in the event you opt out of arbitration pursuant to subparagraph (g)), the parties hereby agree to submit to the personal jurisdiction of the courts located in the Northern District of California, for such purpose.
- Company Headquarters 1401 Willow Pass Rd., Suite 900 Concord, California 94520
3. EARNING POINTS
4. ADDITIONAL TERMS
5. INDIVIDUAL ARBITRATION OF DISPUTES; JURY TRIAL WAIVER.
THIS SECTION LIMITS CERTAIN RIGHTS THAT MEMBER AND BEVMO! MIGHT HAVE, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT MEMBER AND BEVMO! WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
You may contact us by writing us at the address listed below:
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK THE WEBSITE FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.