Terms & Conditions
Effective date: June 1st, 2021.
The following terms and conditions (“Terms & Conditions”) govern participation in Mr. T’s Liquor & Wine loyalty program. Please read the Terms and Conditions carefully. If you require clarification or further information, you may contact Customer Service at firstname.lastname@example.org.
By participating in the Program after the Effective Date, you agree to be subject to and comply with the following Terms and Conditions at all times:
II. Program Participation
III. Accrual of Points
IV. Use of Points & Rewards
V. Member Status & Perks
VI. Privacy Information
VII. Additional Conditions of Participation
VIII. Individual Arbitration of Disputes; Jury Trial Waiver
A. The Program is offered and sponsored by Mr.T's Riverside stores located in Missouri (“Participating Stores”). The Participating Stores are subject to change at any time, without notice. No purchase made at Participating Stores after the date the store has ceased the program will be eligible to receive Points, as described further below in Section III.
B. Mr. T’s Rewards membership and its benefits, if any, are offered at the sole discretion of the Participating Stores.
C. The Program replaces all loyalty programs offered in Participating Stores prior to the Effective Date referenced above. The Terms and Conditions set forth herein supersede all prior program terms and conditions.
D. In its sole discretion, the Participating Stores may add, modify, delete, or otherwise change these Terms and Conditions, and any of the rules, procedures, conditions, Points (defined below), Perks (defined below) or Membership Status (described below) or requirements pertaining to the Program, with or without notice and even though such changes may affect the value of Points already accumulated or how Points may be received, valued, or redeemed.
E. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Applicants for enrollment, Members and Mr. T’s Riverside agreed to resolve any disputes over the Program in the state courts of Missouri and irrevocably waive any right to a jury trial.
II. PROGRAM PARTICIPATION
1. Only legal residents of the United States who are (a) at least 21 years of age and (b) use the Program for personal (not commercial or business purposes) are eligible to enroll as a Member in the Program (“Eligible Person”).
2. An Eligible Person may enroll by requesting membership and filling out an enrollment card at a Participating Store at the register.
3. Eligible Persons may apply for and receive only one membership per person, and per phone number and email address.
4. Enrollment is not effective until enrollment has been accepted and activated by a Participating Store. If a Member is determined to be ineligible after enrollment, the membership will be terminated immediately, and no compensation, Points (defined below) or Perks (defined below), or other benefits will be paid or due or redeemable.
5. Eligibility in the Program is void where prohibited by law in any state, county, or local jurisdiction where the applicant or Participating Stores are domiciled.
6. To the extent that any part of the Program is determined to be invalid in Missouri, that part shall be void in Missouri.
1. Program membership entitles Members to receive Mr.T’s Rewards Points (“Points”) (defined below), which shall serve as the basis for offers, discounts (“Rewards” and other benefits, privileges, or opportunities identified from time to time by Participating Stores that are made available to Members (collectively, “Perks”).
2. Membership in the Program is voluntary and free. No purchase is necessary to become a Member.
3. The Mr. T’s Rewards Program is for personal use by natural persons only. Commercial customers and others purchasing items for resale are not eligible for membership. Any Member’s account deemed to be used for business purposes may be revoked at the Participating Stores sole discretion. In the event of a Member’s death, the Member’s account will be closed and all Points, Perks and other benefits forfeited.
4. Each Member may only have one membership per person, and per phone number and email address.
5. Members may not transfer Points or Perks between Mr. T's Rewards Program accounts, and cannot combine Points or Perks from accounts for redemption, Membership Status, or any other purpose.
6. In the event of a dispute over ownership of the Mr. T's Rewards Program account, the account will belong to the authorized account holder of the email address submitted at the time of enrollment. 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. If no email address is associated with the Mr. T's Rewards Program account, the registration will belong to the authorized account holder of the phone number submitted at the time of enrollment. 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.
8. If a Member becomes aware of any fraudulent activity, including unauthorized use of a Member account or benefits, Member must report the fraudulent activity in writing to Mr. T’s Riverside, 496 US Highway 412 Cardwell, MO 63829, as soon as possible but no later than five (5) calendar days after Member’s discovery of the fraudulent activity or misuse.
9. Members who do not make any eligible purchases or do not associate their Mr. T's Rewards Program accounts with any eligible purchase for 12 months are subject to deactivation and cancellation of accumulated Points, Perks and/or Membership Status, in the sole discretion of Participating Stores. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, at the discretion of Participating Stores , to open a new account or participate in the Program using Points, Perks, or Membership Status received from the deactivated account.
10. By joining in the Program, Members agree to receive mail, email and phone communications including, but not limited to, information about Member’s account and the Mr. T's Rewards Program, and commercial email and direct mail from any Mr. T’s Riverside location or email@example.com.
11. Participating Stores may, but are not required to, send correspondence to active Members to remind them of the Program’s Terms and Conditions, available Perks, or the expiration of Points or Perks at the end of the Program Calendar Year (defined below). Participating Stores shall not be liable for any failure to do so, or for any incorrect, inaccurate or failed communication with a Member, whatever the cause.
12. Member is responsible for maintaining Member’s current contact information and updating Member’s account profile through the online platform or via Customer Care.
13. For information about an individual account or any other Program related questions, contact firstname.lastname@example.org. Please include the Member’s name, Mr. T's Rewards Member number, daytime telephone number and/or email address.
C. Termination or Discontinuance of Program or Membership
1. A Member may cancel his or her Membership at any time by contacting Mr. T’s at email@example.com.
2. The Program has no predetermined termination date and may continue until any Participating Store decides to terminate the Program in that location, which may occur at any time, for any or no reason, and with or without notice to a Member. In the event of such termination and unless prohibited by law, Members shall have forty-five (45) days from the Program’s termination to redeem any received Points (as defined below), Perks, or other benefits.
3. Participating Stores reserves the right, in its sole discretion, to discontinue membership for any Member who:
a. uses the Program in any manner inconsistent with the Terms and Conditions;
b. violates or acts in any manner that is inconsistent with federal, state or local laws;
c. engages in any form of fraud, theft, misconduct, or dishonesty in connection with the Member’s account, any other Member’s account, or accumulation of Points or Perks;
d. is abusive, disruptive, inappropriate, or hostile conduct toward any employee, representative or customer of a Participating Store or any other business operating as Mr.T’s Riverside or Mr.T’s Express, or any Mr. T's Rewards Program Member; or
e. fails to pay for any purchase at any Participating Store, or other business operating as Mr. T’s Riverside or Mr. T’s Express.
In Participating Store’s sole discretion, such discontinued membership may result in the loss of all accumulated Points, and the cancellation of Member Status received and/or any Perks.
III. ACCRUAL OF POINTS
A. Only purchases made in Participating Stores are eligible to receive Points under the Program.
B. If a Participating Store ceases to participate in the Mr. T's Rewards Program, no purchase made at that Participating Store after the date the Participating Store has ceased participation will be eligible to receive Points.
C. Accrued Points and Perks are not property of the Member. Points and Perks are not transferable by Members for any reason or by operation of law.
D. Points and Perks received by a Member may not be sold, auctioned, bartered, brokered, purchased, or otherwise transferred. If a Participating Store determines, in its sole discretion, that any Points or Perks have been obtained in that manner, the Points and Perks will be deemed to have been fraudulently obtained and, therefore, immediately void. The Membership of any Member attempting to cause any such sale, auction, barter, brokerage, purchase, or transfer may be terminated.
E. To receive Points, a Member must make a qualified purchase in person at a Participating Store and meet all of the conditions described herein.
F. Points will appear on receipt but are not officially added to the system until the end of the business day.
G. Points are calculated on a per-item basis.
H. All Point values are awarded based on the pre-tax value of the items purchased, including both the dollars and cents spent, and after any discounts have been applied. All Point values are rounded up to the nearest whole number.
I. A Member will receive 10 Points for each one (1) dollar spent on all eligible items that are part of a qualified purchase made in-store at a Participating Store (“Base Points”), provided that the Member supplies his/her membership number to a Participating Store employee.
J. From time to time, Participating Stores may offer Members promotional “Bonus Point Promotions” that result in an award of extra Points (“Bonus Points”) awarded depending on the eligible product. Such Bonus Point Promotions are also subject to any other terms set forth in the promotional offer.
K. If a Member fails to associate his/her Mr. T's Rewards Membership number with eligible charges before the time that payment is tendered, no Points will be received on the purchase. However, if payment has been tendered, Members can request to associate their prior in-store purchases to their Mr. T's Rewards account by emailing firstname.lastname@example.org. Information that needs to be provided is a legible photo of the receipt, the customer's name, the customer’s Loyalty number. This only applies if the Member was already enrolled in the Program at the time the eligible charges were incurred and Member has receipt details.
L. Items that qualify for points are as follows:
M. No Points will be received for:
1. deposits (e.g. keg, tab, tub);
N. All receipts should be retained by the Member until the Point credit has appeared on his or her Mr. T's Rewards account statement. If a Member believes the correct amount of Points for eligible charges was not received, the Member must email for a Points adjustment to email@example.com, together with a legible copy of the Member’s receipt, and Member’s name, account number, mailing address, email address, and daytime telephone number. The information should be sent to firstname.lastname@example.org. Failure to supply the adequate and unaltered documentation may result in denial of such Point credit. Requests must be received within one (1) months from the date the eligible charges were incurred to receive consideration.
P. If a Member returns a purchase made with the Member’s Mr. T's Rewards account, the Participating Store will deduct the Points that the Member was awarded for that purchase, potentially resulting in a negative Point balance on the Member account.
IV. USE OF POINTS
A. Points have no cash value. Points are only used to determine a Member’s qualification for different Membership Statuses (Bronze, Silver, or Gold), and as a means to determine the offers that a Member may qualify for, if any.
B. Offers generally are issued in the form of Mr. T's Rewards that may be applied for redemption in Participating Stores. The amounts and frequency of offers are determined at the sole discretion of Participating Stores and can be changed at any time.
V. Mr. T's REWARDS MEMBER STATUS & PERKS
A. The Program has three Membership Status levels:
1. Bronze, which is available to all Members upon enrollment in the Program;
2. Silver, which requires accumulation of 5,000 Points within a Program Calendar Year; and
3. Gold, which requires accumulation of 20,000 Points within a Program Calendar Year.
B. Perks available to a Member are based on a Member’s Status.
C. Each Mr. T's Rewards Program Calendar Year starts on January 1 and ends on December 31 of the same calendar year. For example, a Program Calendar Year started on January 1, 2021 and will end on December 31, 2021.
D. All Point balances used to determine Status level will be returned to zero on January 1 with the start of a new Program Calendar Year.
E. Once a Member has reached a certain Status, the Member is eligible to receive the benefits associated with that Status from the time the Status is achieved through December 31 of the Program Calendar Year. For example, if for Program Calendar Year 2018, a Member earns Gold by August 1, 2021, then the Member is eligible for Gold Status through Program Calendar Year 2021 (i.e., until December 31, 2021). All members will revert to Bronze on January 1st of 2022.
F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of Participating Stores. Current Mr. T's Rewards Perks include:
1. PERKS AVAILABLE TO ALL MEMBERS
a. Rewards. Bronze, Silver, and Gold Members are eligible to receive $1 Discount on their purchase for every 1000 Points received on eligible purchases.
b. Bonus Point Promotions: During Bonus Point Promotions, Members may receive Bonus Points (in addition to Base Points) in connection with certain promotional offers. Presentation of a Bonus Offer may be required to receive Bonus Points.
c. Notification of upcoming sales and programs: All notifications will be sent to members in the form of an email. To qualify for these offers, Members must have a valid email address in the Program Membership profile.
2. SILVER: In addition to the Perks described above, Silver Members are also eligible to receive the following Perks:
a. Complimentary Member-Only Events: Unless prohibited by law, Silver Members will receive email invitations to complimentary Member-only events at Participating Stores. The number, content, and duration of the events vary from event to event. Participating Stores may not invite all Silver Members to every event due to event-size limitations and other business objectives. To qualify for these offers, Members must have a valid email address. The frequency, value, and quantity of these offers can be changed at any time and will vary, depending on availability.
B. Access to Tier 2 allocated bourbons in The Bourbon Vault: Silver Members will receive email notification of available Tier 2 allocated bourbons in The Bourbon Vault. The Member must respond with an email stating which bottles they would like to purchase. They will receive a confirmation email stating which bottles they will have reserved for them. Allocated bourbons are limited to one (1) bottle per sku. To qualify for these offers, Members must have a valid email address. Tier 2 allocated bourbons are defined as bourbons that have a supply limited by the manufacturer that exceeds 12 bottles per year but are not readily available.
3. GOLD: Gold Members eligible to receive:
a. the same Perks as a Silver Member, except as modified below:
b. Access to Tier 1 allocated bourbons in The Bourbon Vault: Gold Members will receive email notification of available Tier 1 allocated bourbons in The Bourbon Vault. The Member must respond with an email stating which bottles they would like to purchase. They will receive a confirmation email stating which bottles they will have reserved for them. Allocated bourbons are limited to one (1) bottle per sku. To qualify for these offers, Members must have a valid email address. Tier 1 allocated bourbons are defined as bourbons that have a supply limited by the manufacturer that does not exceed 12 bottles per year.
c. First chance to purchase new products: Gold Members will receive notification of new products that are available to purchase before the general public has access to the items. To qualify for these offers, Members must have a valid email address.
VII. PRIVACY INFORMATION
A. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN SECTION VII, YOU SHOULD NOT JOIN THE PROGRAM.
C. By participating in the Program, you agree that Participating Stores, their affiliates and their vendors may collect, process and/or use information from and about you, and Participating Stores and their affiliates may share your personal information for purpose of administering the Program and other business purposes, including updating and enhancing the quality and content of the Program and information we maintain about you, and selecting, stocking, pricing and marketing store merchandise.
D. By enrolling, you also consent that Participating Stores, their affiliates and their vendors may transfer your information to information processing or storage facilities located outside of the United States, where data protection laws may differ from those of the United States.
E. As a Member, you authorize us to send you periodic communications by email or phone. You may discontinue receiving communications from us by contacting us at email@example.com.
VIII. ADDITIONAL CONDITIONS OF PARTICIPATION
A. Participating Stores reserve the right to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by Participating Stores shall be final and conclusive in each case.
B. Participating Stores, and any parent, subsidiaries or affiliated entities, and each of 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 Mr. T's REWARDS OR AGREEMENT TO THESE TERMS. 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 THE RELEASED PARTIES’ 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 THE RELEASED PARTIES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
C. Participating Stores can delay enforcing their 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.
IX. INDIVIDUAL ARBITRATION OF DISPUTES; JURY TRIAL WAIVER
A. THIS SECTION LIMITS CERTAIN RIGHTS THAT ANY MEMBER AND PARTICIPATING STORES 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 REFERENCED BELOW), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT MEMBER AND PARTICIPATING STORES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
B. Member and Participating Stores agree that they will resolve any disputes regarding the Program through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between Member and Participating Stores relating to the Program 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.
C. If Member demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Participating Stores 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, Participating Stores 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).
D. This arbitration agreement does not preclude any Member from filing any complaint before any federal, state, or local government agencies with jurisdiction over such disputes. Member and Participating Stores also have the right to bring qualifying claims in small claims court. In addition, Member and Participating Stores 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.
E. NEITHER MEMBER NOR PARTICIPATING STORES 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 Participating Stores’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
F. If any provision of this Section IX is found to be invalid or unenforceable, except for subparagraph E, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section IX shall continue in full force and effect. No waiver of any provision of this Section IX 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 E is found to be invalid or unenforceable then neither Member nor Participating Stores shall be entitled to arbitration.
G. This Arbitration Provision shall survive termination of the Program or Member’s Program account.
H. 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 the address specified under Section X, Notices, to the attention of the “Legal Department” and state that you do not want to be bound by this Arbitration Provision.
I. 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 H, the parties hereby agree to submit to the personal jurisdiction of the courts located in Dunklin County, Missouri, for such purpose.