TERMS AND CONDITIONS for HIDDEN STILL, INC.
Hidden Still Spirits REWARDS PROGRAM
Last updated: December 30, 2022
ARTICLE 1
GENERAL
1.1 OVERVIEW
The Hidden Still Spirits REWARDS PROGRAM (the “Program”) is a reward program offered by Hidden Still Spirits (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.hiddenstillspirits.com (the “Program Website”) and any other related sites and social media sites.
The Program allows certain persons who expend the requisite amount of money to receive a specified discount on Hidden Still products (“Eligible Purchases”) in accordance with the present Terms and Conditions.
1.2 TERMS AND CONDITIONS
The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, or other social media sites, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage those who enter in the Program to review the Program Terms each time they use the Program.
1.3 ACCEPTANCE
By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
ARTICLE 2
PROGRAM MEMBERSHIP
2.1 MEMBERSHIP ENROLLMENT
Membership into the Program is completed upon enrollment and expending the requisite amount of money to receive the 10% off Eligible Purchases. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms. After completion, you will receive a rewards member number (“Member Number”).
2.2 PASSWORDS AND SECURITY
In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one rewards account is permitted per person.
2.3 SUSPENSION RIGHTS; CAPACITY
If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Unless further restricted elsewhere in the Program Terms, Membership is only available to individuals above the age of twenty-one (21) majority and who have legal capacity. If a Member does not meet the capacity requirements set out above, they shall not be admitted to participate in the Program.
2.4 CHANGE IN INFORMATION
Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
ARTICLE 3
REWARD POINTS
3.1 VALUE
The Program and rewards have no cash value and are not exchangeable for cash. Participation in the Program does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members in regards to the addition or deletion of items from or for which points can be collected and/or redeemed.
3.2 TRANSFERABILITY
Except as permitted from time to time by the Company, Rewards cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any attempts to do so are void. For the avoidance of doubt, such prohibited transfers include transfers of Company operation or upon the death of a Member.
3.3 RETURN/EXCHANGE POLICY
Any eligible purchase that initially used the Program, cannot be returned or exchanged and is non-refundable.
3.4 PROMOTION
From time to time, the Company may advertise or offer exclusive offers to select Members that are in Program at the sole discretion of the Company.
ARTICLE 4
PRIVACY
4.1 CONFIDENTIAL INFORMATION
We are committed to protecting your privacy. We will maintain the privacy and security of personal information collected from Members, including: name, address, email address, telephone numbers, date of birth, account number (if any) and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
4.2 UNSUBSCRIBE
By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
ARTICLE 5
GENERAL
5.1 ACCEPTANCE
By enrolling in the Program, each Member (i) certifies that he or she is over the age of twenty-one (21) in the state in which he or she resides and of mental capacity, (ii) consents to the Company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.
5.2 OTHER TERMS
These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, and/or any other Program Terms, such conflict shall be resolved as follows: first, Terms & Conditions shall prevail, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
5.3 ABUSE
Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program.
5.4 WAIVER
Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
5.5 CONTACT
If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: info@hiddenstillspirits.com.
5.6 JURISDICTION/GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, and if that commonwealth’s laws or regulations are more stringent than the forms of the agreement, the state law or rule shall govern. Any action brought under, pursuant to, or in connection with this Agreement shall be brought only in a county court located in Dauphin County, Pennsylvania, and each party consents to jurisdiction of such court.
5.7 DISPUTE RESOLUTION
Hidden Still Spirits may elect to resolve any controversy or claim arising out of or relating to these Terms and Conditions, the Program, the Program Website and any other Program Terms or claims relating thereto by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Harrisburg, Pennsylvania, or other location at the sole discretion of Hidden Still Spirits, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the Commonwealth of Pennsylvania, necessary to protect the rights or the property of you or Hidden Still Spirits (or its agents, suppliers, and subcontractors), pending the completion of arbitration.