Terms & Conditions

Effective date: September 12th, 2025.

The following terms and conditions (“Loyalty Terms & Conditions”) govern participation in Panhandle State Fine Wine & Spirits LP’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Loyalty Terms & Conditions carefully. If you require clarification or further information, you may contact Customer Care at customercare@totalwine.com, or (855) 328-9463.

By participating in the Program after the Effective Date, you agree to be subject to and comply with the following Loyalty Terms & Conditions at all times:

I. General
II. Program Participation
A. Eligibility
B. Membership
C. Termination or Discontinuance of Program or Membership
III. Accrual of Points
IV. Use of Points & Rewards
V. &More Rewards Member Status & Perks
VI. Privacy Information
VII. Additional Conditions of Participation
VIII. Individual Arbitration of Disputes; Jury Trial Waiver
IX. Notices

I. GENERAL

A. The Program is offered and sponsored by Panhandle State Fine Wine & Spirits LP, a Oklahoma limited liability company that owns and operates the “Total Wine” trade name at 2150 S 1-35 Service Rd. Moore, OK 73160 (the “Participating Store”).

B. &MORE Rewards membership and its benefits, if any, are offered at the sole discretion of the Participating Store.

C. In its sole discretion, the Participating Store may add, modify, delete, or otherwise change these Loyalty Terms & Conditions, and any of the rules, procedures, conditions, Points (defined below), Perks (defined below), 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.

D. Applicants for enrollment, Members, and Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waive any right to a jury trial.
E.  The Terms and Conditions also incorporate by reference the “Terms & Conditions of Use and Service” (“Website T&Cs”), which are available at https://www.totalwine.com/customer-service/terms-and-conditions and govern your access to and use of the Total Wine & More website (totalwine.com) and webpages, the Total Wine mobile site and/or app, the Concierge Program, and Total Wine stores operating under the Total Wine & More trade name.   Through your enrollment and/or participation in the &MORE Rewards Program, you agree to the terms of the Website T&Cs.  To the extent there is any conflict between these Terms and Conditions and the Website T&Cs, the Website T&Cs will control.  The Terms and Conditions further incorporate by reference the Privacy Policy, which is available at https://www.totalwine.com/customer-service/privacy-policy.  

II. PROGRAM PARTICIPATION

A. Eligibility

1. Only 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 providing his or her personal telephone number and email address at the Participating Store at the checkout stand, on the Total Wine & More App, or by enrolling online at https://www.totalwine.com/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 the Participating Store. If a Member is determined to be ineligible after enrollment, the membership will be terminated immediately and no compensation, Points (defined below), 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 Store are domiciled.
6. To the extent that any part of the Program is determined to be invalid under Moore law, that part shall be void in Moore without impacting the validity of the other parts.

7. Current employees of the Participating Store are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Loyalty Terms & Conditions in accordance with the Employee Policy regarding eligibility and participation in the Program.

B. Membership

1. Program membership entitles Members to receive &MORE Rewards Points (“Points”) (defined below), which shall serve as the basis for offers, discounts (including &MORE Rewards (“Rewards”)), and other benefits, privileges, or opportunities identified from time to time by the Participating Store that are made available to Members (collectively, “Perks”). Perks may vary by state, county, or local jurisdiction of residence.

2. Membership in the Program is voluntary and free. No purchase is necessary to become a Member.

3. &MORE 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 Store’s 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 &MORE 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 &MORE 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 Loyalty Terms & Conditions, 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 &MORE 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.

7. A Member may visit https://www.totalwine.com/register or the Total Wine & More App to create an online profile so the Member can manage the Member’s &MORE Rewards Program account and access online benefits of the Program. Where a Member creates an online account, the Member is responsible for creating private account access information for Member’s account and for maintaining the security of that information. If the security of the Member’s online account is breached, the Participating Store shall not be liable for any unauthorized access to the account, accumulation or redemption of Points or Perks, or other account activity that occurs as a result of the unauthorized access or use, and in no event shall the Participating Store be responsible for reimbursing Member for any Points or Perks used by unauthorized persons or other damages or losses claimed to occur as a result of that unauthorized access.

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 to the Participating Store in writing to Panhandle State Fine Wine & Spirits LP , 6600 Rockledge Drive, Suite 150, Bethesda, Maryland 20817, 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 &MORE Rewards Program accounts with any eligible purchase for 12 months are subject to deactivation and cancelation of accumulated Points, Perks, and/or Membership Status in the sole discretion of the Participating Store. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of the Participating Store, to open a new account or participate in the Program using Points, Perks, or Membership Status received from the de-activated account.

10. By joining in the Program, Members agree to receive mail, email, text messages, push notifications, and phone communications including, but not limited to, information about Member’s account and the &MORE Rewards Program, and commercial email and direct mail from the Participating Store. If a Member no longer wishes to receive communications via email or direct mail, please unsubscribe by clicking “unsubscribe” at the bottom of any email; email Customer Care at customercare@totalwine.com; or call a Customer Care specialist at (855) 328-9463.

11. The Participating Store may, but is not required to, send correspondence to active Members to remind them of the Loyalty Terms & Conditions, available Perks, or the expiration of Points or Perks at the end of the Program Calendar Year (defined below). The Participating Store 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 customercare@totalwine.com or call Customer Care toll free at (855) 328-9463, seven days of the week, during business hours. Please include the Member’s name, &MORE 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 Customer Care at customercare@totalwine.com or call Customer Care toll free at (855) 328-9463, seven days of the week, during business hours.

2. The Program has no predetermined termination date and may continue until the Participating Store decides to terminate the Program, which may occur at any time, for any 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, Perks, or other benefits.

3. The Participating Store reserves the right, in its sole discretion, to discontinue membership for any Member who:

a. uses the Program in any manner inconsistent with these Loyalty Terms & 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 the accumulation of Points or Perks;
d. is abusive, disruptive, inappropriate, or hostile conduct toward any employee, representative, or customer of the Participating Store or any other business operating as TOTAL WINE & MORE®, TOTAL WINE SPIRITS & MORE®, TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
e. fails to pay for any purchase at the Participating Store or other business operating as TOTAL WINE & MORE®, TOTAL WINE SPIRITS & MORE®, or TOTAL WINE SPIRITS BEER & MORE®.

In the 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 the Participating Store are eligible to receive Points under the Program.  Stated differently, a Member will only earn Points for qualified purchases conducted within (either online or in person) the Total Wine store located at 2150 S 1-35 Service Rd. Moore, OK 73160.  Purchases made at other retail locations operating under the “Total Wine” trade name will not generate any Points redeemable at the Participating Store.  Similarly, and as explained in greater detail below, Points, Coupons, Certificates, or other rewards earned from purchases made at the Participating Store may only be redeemed at the Participating Store.  

B. 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.

C. Points and Perks received by a Member may not be sold, auctioned, bartered, brokered, purchased, or otherwise transferred. If the 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.

D. To receive Points, a Member must make a qualified purchase in person at the Participating Store or online (for shipping, delivery, or in-store pickup) from the Participating Store and meet all of the conditions described herein.
E. Points may appear on receipt but are not officially added to the system until the end of the business day.

F. Points are calculated on a per-item basis.

G. 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.

 H. A Member will receive 10 Points for virtually each one (1) dollar spent on all eligible items that are part of a qualified purchased made in-store or online (for shipping, delivery, or in-store pickup, as applicable) at the Participating Store (“Base Points”), provided that the Member supplies his or her membership number to the Participating Store employee or logs into his or her &MORE Rewards Member account before the payment for the eligible charges is tendered. Any eligible rewards Points will appear in Member’s Rewards account within 24 hours, but will not appear on the receipt.

I. From time to time, the Participating Store may offer Members promotional “Bonus Point Promotions” that result in an award of extra Points (“Bonus Points”). Such Bonus Point Promotions are subject to any other terms set forth in the corresponding promotional offer.

K. If a Member fails to associate his or her &MORE Rewards Membership number with eligible purchases 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 &MORE Rewards account by logging in to their online account. Receipt information can be provided through the “Request Missing Points” link on the &MORE Rewards section of the Member account. 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. When a gift card is used to pay for eligible purchases in the Participating Store, points can be collected on the purchase. However, no points can be collected on the purchase of gift cards.
Panhandle State Fine Wine & Spirits LP’s Gift Card Policy for additional information about the gift cards.  

M. No Points will be received for:

1. deposits (e.g. keg, tab, tub);
2. bottle, can, or container deposits;
3. recyclable paper bags;
4. taxes;
5. purchase of a gift card; or,
6. where a Member has only reserved an item but not paid for it.

N. All receipts should be retained by the Member until the Point credit has appeared on his or her &MORE Rewards account statement. If a Member believes the correct amount of Points for eligible charges was not received, the Member must submit a written request for a Points adjustment to Customer Care, 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 customercare@totalwine.com or by telephone to a customer care specialist at (855) 328-9463. Failure to supply the adequate and unaltered documentation may result in denial of such Point credit. Requests must be received by Customer Care within 60 days from the date the eligible charges were incurred to receive consideration.

O. If a Member returns a purchase made with the Member’s &MORE 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.

P. Eligible Rewards Points expire after 365 days if a qualifying purchase has not been made.

IV. USE OF POINTS & REWARDS

A. Points have no cash value. Points are only used to determine a Member’s qualification for different Membership Statuses (Select, Reserve, and Grand Reserve), 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 &MORE Rewards that may be redeemed only in the Participating Store and no other retail location operating under the “Total Wine” tradename. The amounts and frequency of offers are determined at the sole discretion of the Participating Store and can be changed at any time.

C. &MORE Rewards received under the Program and issued through Certificates or Coupons:

1. Are valid only in the Participating Store;

2. Are valid one-time only;

3. Are valid for either 14 days from date of issuance or as specified on the &MORE Rewards Certificate or Coupon itself; 

4. May not be combined with other discounts or promotional offers/retail Certificates or Coupons, unless otherwise specified in writing by the Participating Store;

5. Cannot be retroactively applied to previous purchases;

6. Have no cash or monetary value;

7. Are not redeemable for cash, and no change will be provided where the &MORE Rewards Certificate or Coupon exceeds the value of the purchase;

8. Cannot be used on the purchase of gift cards, events, classes, tastings, bottle deposits, cigar boxes, ice, keg and tap deposits, and tap and tub rental fees;

9. Will not be replaced, reissued, or credited if lost, stolen, or otherwise destroyed;

10. Are void where copied, fraudulently obtained or transferred, derived from Points fraudulently obtained or transferred, prohibited, or restricted by law;

11. Are not exchangeable; and

12. Are subject to the redemption terms and procedures specified on the &MORE Rewards itself.

V. &MORE REWARDS MEMBER STATUS & PERKS

A. The Program has three Membership Status levels:

1. Select Status, which is available to all Members upon enrollment in the Program;
2. Reserve Status, which requires accumulation of 5,000 Points within a Program Calendar Year; and
3. Grand Reserve Status, which requires accumulation of 25,000 Points within a Program Calendar Year.

B. Perks available to a Member are based on a Member’s Status.

C. Each &MORE 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, 2023, and will end on December 31, 2023.

D. All Status Point balances 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 next Program Calendar Year. If the Member fails to achieve at least the same Status during the next Program Calendar Year, the Member will revert to the next-closest subordinate Status at the conclusion of the next Program Calendar year. For example, if for Program Calendar Year 2023, a Member earns Reserve Status by August 1, 2023, then the Member is eligible for Reserve Status through Program Calendar Year 2024 (i.e., until December 31, 2024). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2024, then the Member will revert back to Select Status on January 1, 2025.

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 &MORE Rewards Perks include:

&More Rewards Member Perks	SELECT	RESERVE	GRAND RESERVE
Receive $5 Rewards for every 5,000 Points (Valid on non-alcoholic items only.)	X	X	X
Online Access to Record of Past Purchases	X	X	X
Verified Military Member Benefit	X	X	X
Birthday Deal	X	X	X
Class Discounts		X 6 per year	X 6 per year
Free Wine Gift Bag or Reusable Tote (3.99 or less), with purchase while supplies last. Redeemable with coupon.		X 1 per month	X 2 per month
Free Magazine ($12 or less), while supplies last. Redeemable with coupon.			X 6 per year
Priority Access to Select Products			X

1. PERKS AVAILABLE TO ALL MEMBERS

a. Rewards. Select, Reserve, and Grand Reserve Members are eligible to receive $5 &MORE Rewards for each 5,000 Points received on eligible purchases. Rewards are valid on non-alcoholic items only.
Rewards will only be awarded based on purchases made at the Participating Store. If a customer makes a purchase at any other business operating that participates in the &MORE Rewards program and operates under the “Total Wine” trade name, the customer will receive a separate Reward based on total spend at those businesses. 
b. Personalized Deals: Select, Reserve, and Grand Reserve Members in Wichita, KS are eligible to receive Personalized Deals (“Deals”) in their account. To qualify for these Deals, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these Deals, value, and quantity of them can be changed at any time and will vary from Member to Member, depending on state/locality of residence, preferred store selection, and availability. To redeem, Member must be logged into their account and Deals must be activated by Member. When completing an online purchase, Member must be logged in, and once Deal is activated, no code is needed, and discount automatically applies in cart. To use in store, Member must enter Rewards phone number at checkout and discount automatically applies to eligible products.

c. Record of Past Purchases: The Participating Stores will track every purchase, starting from the time the Member signs up, and will record Member’s past product purchases for review in the Member’s online account.

d. Military Benefit: Verified Military customers will receive 2x Bonus Points every day on the following items:
- Winery Direct wines
- Spirits Direct spirits
- Beer singles

To be eligible for this benefit customers must log into (or create) a &More Rewards account on TotalWine.com. The instant verification process is located within the customer account page via ID.me.

e. Birthday Deal: Select, Reserve, and Grand Reserve Members are eligible to receive a Birthday Deal in their account. To qualify for the Birthday Deal, Member must have a valid email address in Program Membership profile, be subscribed to receive emails regarding the Program, and have their Birthday entered in the Profile section of their Account. The frequency of the Birthday Deal, value, and quantity can be changed at any time and will vary from Member to Member, depending on state/locality of residence, preferred store selection, and availability. To redeem, Member must be logged into their account and Birthday Deal must be activated by Member. When completing an online purchase, Member must be logged in, and once Birthday Deal is activated, no code is needed, and Birthday Deal automatically applies in cart. To use in store, once Birthday Deal is activated, Member must enter Rewards phone number at checkout and Birthday Deal automatically applies to eligible products. 

2. RESERVE: In addition to the Perks described above, Reserve Status Members are also eligible to receive the following Perks:

a. Class Discounts: Unless prohibited by law, Reserve Members will receive email invitations for discounts of up to fifty percent (50%) on the cost of certain classes, six times per year. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets for the duration specified in the terms and conditions of the offer. Offer valid on cost of certain classes offered at Participating Stores. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these offers, value, and quantity of them can be changed at any time and will vary depending on state/locality of residence, preferred store selection, and availability.

b. Wine Gift Bags & Reusable Totes: Unless prohibited by law, Reserve Members are eligible to select one (1) wine gift bag or reusable tote valued at $3.99 or less per month with any in-store purchase, while supplies last and upon electronically redeeming coupon received via email allowing selection of one (1) wine gift bag or reusable tote valued at $3.99 or less. 

3. GRAND RESERVE: Grand Reserve Status Members eligible to receive:

a. the same Perks as a Reserve Member, except as modified below:

1. Class Discounts: Unless prohibited by law, Grand Reserve Members will receive email invitations for discounted or complimentary classes, six times per year. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets for the duration specified in the terms and conditions of the offer. Offer valid on cost of certain classes offered at Participating Stores. To qualify for these offers, Member must have a valid email address in their Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these offers, value, and quantity can be changed at any time and will vary depending on state/locality of residence, preferred store selection, and availability.

2. Wine Gift Bags & Reusable Totes: Grand Reserve Status Members can select two (2) wine gift bags or reusable totes valued at $3.99 or less per month with any in-store purchase, while supplies last and upon electronically redeeming coupon received via email allowing selection of wine gift bag(s) or reusable tote(s), each valued at $3.99 or less. 

b. also, Grand Reserve Members are eligible to receive:

1. Free Magazine: Grand Reserve Members may receive one magazine valued at $12 or less, six times per year, while supplies last. To take advantage of this benefit, Members must electronically redeem the magazine coupon received via email and select one magazine among those available at that time. Eligible magazines include Wine Spectator, Cigar Aficionado, or Whiskey Advocate. 

2. Priority Access to Select Products: To qualify to enroll, Grand Reserve Member must have a valid email address in program membership profile for the Participating Store’s &MORE Rewards program. Member's preferred store must be set to store Moore, OK only. Sign-up is limited to one account per member. Unless prohibited by law, Grand Reserve Members will be notified when and how certain merchandise will become available for an opportunity to purchase the select products. Some quantity restrictions may apply and will be communicated on an item-specific basis. Notice of arrival or announcement of a process for access does not guarantee item availability; items are available on a first-come, first-serve basis. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these offers, value, and quantity can be changed at any time and will vary from Member to Member, depending on state/locality of residence, preferred store selection, and availability.

VI. PRIVACY INFORMATION

A. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN SECTION VII, YOU SHOULD NOT JOIN THE PROGRAM.

B. The Participating Store, its affiliates, and its vendors may collect, process, and/or use your personal information in accordance with the Panhandle State Fine Wine & Spirits LP Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your personal information in exchange for money.

C. By participating in the Program, you agree that the Participating Store, its affiliates, and its vendors may collect, process, and/or use information from and about you, and that the Participating Store and its 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 the Participating Store, its affiliates, and its 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 logging onto your account online and managing your subscriptions, or by contacting us at customercare@totalwine.com or call Customer Care toll free at (855) 328-9463, seven days of the week.

F. We may modify these Loyalty Terms & Conditions from time to time by posting the revised Loyalty Terms & Conditions on our website. We may also modify the Privacy Policy from time to time as described in the Privacy Policy. Your continued participation in the Program following the posting of any such changes to these Loyalty Terms & Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

VII. ADDITIONAL CONDITIONS OF PARTICIPATION

A. The Participating Store reserves the right to interpret and apply the policies and procedures communicated in these Loyalty Terms & Conditions. All determinations by the Participating Store shall be final and conclusive in each case.

B. The Participating Store, 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, OR OTHER EXPENSES RELATING TO THAT MEMBER’S PARTICIPATION IN THE PROGRAM, USE OF &MORE REWARDS, OR AGREEMENT TO THESE LOYALTY TERMS & CONDITIONS. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, OR OTHER EXPENSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY MEMBER’S PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES, LOSSES, LIABILITIES, OR 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, OR 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, OR 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 LOYALTY TERMS & CONDITIONS, MEMBER WILLINGLY AGREES THAT HE OR SHE HAVE RELINQUISHED THEIR RIGHT TO SEEK THESE DAMAGES FROM THE RELEASED PARTIES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

C. The Participating Store can delay enforcing its rights under these Loyalty Terms & Conditions 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.

VIII. INDIVIDUAL ARBITRATION OF DISPUTES; JURY TRIAL WAIVER

A. THIS SECTION LIMITS CERTAIN RIGHTS THAT ANY MEMBER AND THE PARTICIPATING STORE 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 AAA 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 the Participating Store 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 the Participating Store relating to the Program or these Loyalty Terms & Conditions (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 the American Arbitration Association (“AAA”).  The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Member and the Participating Store agree to pay their own fees, costs, and expenses, including those for any attorneys, experts, and witnesses.

C. 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 these Loyalty Terms & Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided herein.

D. NEITHER MEMBER NOR THE PARTICIPATING STORE 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 the Participating Store’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 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section 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 these Loyalty Terms & Conditions. 

F. This Arbitration Provision shall survive termination of the Program or Member’s Program 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 Loyalty Terms & 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 IX, Notices, to the attention of the “Legal Department” and state that you do not want to be bound by this Arbitration Provision.

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 H), the parties hereby agree to submit to the personal jurisdiction of the courts located in Montgomery County, Maryland, for such purpose.

IX. NOTICES

You may contact us by writing us at the address listed below:

Panhandle State Fine Wine & Spirits LP
6600 Rockledge Drive, Suite 150
Bethesda, MD 20817
Or by email at: Legal@TotalWine.com