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  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) located in the following jurisdictions only: Arizona, California, Delaware, Florida, Illinois, Kentucky, Minnesota, North Carolina, New Mexico, Nevada, South Carolina, Virginia, and Washington USA (“Participating Stores”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at the Stores after the date the stores have ceased the program will be eligible to receive Points, as described further below in Section III.

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

    C. The Program replaces all loyalty programs offered in each of 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, a Participating Store 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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) 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 Store are domiciled.

    6. To the extent that any part of the Program is determined to be invalid in any of the Participating States, that part shall be void in that state.

    7. Current employees of Participating Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 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 &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, or 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 Total Wine & More, 6600 Rockledge Drive, Suite 150, Bethesda, Maryland 20817, as soon as possible but no later than fiver (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 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 any Total Wine & More 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 Program’s Terms and 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 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. 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 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 TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at any Participating Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from a Participating Store and meet all of the conditions described herein.

    E. Points will 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. Which items are eligible for Points may vary between Participating Stores and Participating States.

    I. A Member will receive 10 Points for 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Participating Store’s state law. Any eligible rewards points will appear in Member’s Rewards account within 24 hours.

    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. Such Bonus Point Promotions are subject to any other terms set forth in the promotional offer.

    K. If a Member fails to associate his/her &MORE 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 &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. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    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. items purchased using a gift card as the only form of tender; 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 six (6) months 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.

    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 in Participating Stores. The amounts and frequency of offers are determined at the sole discretion of the Participating Store and can be changed at any time.

    C. Points received under any loyalty program offered by the Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:

    1. Are valid only in Participating Stores, except:
    a. Rewards issued to Arizona, Delaware, Florida, Illinois, Kentucky, Minnesota, New Mexico, Nevada, North Carolina, South Carolina, Virginia and Washington State Members are not redeemable in any California Participating Store; and
    b. in California and Virginia, &MORE Rewards may be subject to minimum purchase requirements as required by applicable law.

    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; and

    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 a gift card, 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, 2022 and will end on December 31, 2022.

    D. All Point balances will be return 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Personalized Deals*, Online Access to Record of Past Purchases, Member-Only Specials and Events, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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.

    b. Personalized Deals : Select, Reserve, and Grand Reserve Members in Arizona, California, Delaware, Florida, Illinois, Minnesota, North Carolina, New Mexico, Nevada, South Carolina, Virginia, and Washington 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: 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. Member-Only Specials and Events: In select Participating Stores only, all Members will have access to certain Member-only specials and events. All offers will be sent to members in the form of an email , where allowed by law, and sent to Members via email. In some markets, Member-only specials will be automatically applied at the register. 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 from Member to Member, depending on state/locality of residence, preferred store selection, and availability.

    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.

    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 (50) percent on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program in all Participating Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) located in the following jurisdictions only: Colorado USA (“Participating Stores”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at the Stores after the date the stores have ceased the program will be eligible to receive Points, as described further below in Section III.

    B. &MORE 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 each of the 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, a Participating Store 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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 Stores. 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. Current employees of the Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 Stores 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 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 &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 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 &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, or 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 Stores in writing to Total Wine & More, 6600 Rockledge Drive, Suite 150, Bethesda, Maryland 20817, as soon as possible but no later than fiver (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 Stores. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of the Stores, 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 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 any Total Wine & More 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 Program’s Terms and 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 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. 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 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 TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at a Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from the Store and meet all of the conditions described herein.

    E. Points will 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 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Participating Store’s state law. Any eligible rewards points will appear in Member’s Rewards account within 24 hours.

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

    J. If a Member fails to associate his/her &MORE 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 &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.

    K. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    L. No Points will be received for:

    1. Any non-acoholic items;
    2. deposits (e.g. keg, tab, tub);
    3. bottle, can, or container deposits;
    4. recyclable paper bags;
    5. taxes;
    6. gift card purchases;
    7. items purchased using a gift card as the only form of tender; or,
    8. where a Member has only reserved an item but not paid for it.

    M. 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 six (6) months from the date the eligible charges were incurred to receive consideration.

    N. 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.

    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 in Participating Stores. The amounts and frequency of offers are determined at the sole discretion of the Participating Store and can be changed at any time.

    C. Points received under any loyalty program offered by the Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:

    1. Are valid only in Participating Stores;
    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; and
    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 any non-alcoholic items, 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, 2022 and will end on December 31, 2022.

    D. All Point balances will be return 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Personalized Deals, Online Access to Record of Past Purchases, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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 alcoholic items only.

    b. Personalized Deals: Select, Reserve, and Grand Reserve Members 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: 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.

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

    a. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

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

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

    1. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program in all Participating Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 the 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) located in the following jurisdictions only: Connecticut USA (“Participating Stores”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at the Stores after the date the stores have ceased the program will be eligible to receive Points, as described further below in Section III.

    B. &MORE Rewards membership and its benefits, if any, are offered at the sole discretion of the stores in the state of Connecticut.

    C. The Program replaces all loyalty programs offered in each of the 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, a Participating Store 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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) 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 Store are domiciled.

    6. To the extent that any part of the Program is determined to be invalid in any of the Participating Store that part shall be void in that store.

    7. Current employees of the Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 limited benefits, privileges, or opportunities––none of which have value--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 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 &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, or 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 Total Wine & More, 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 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 any Total Wine & More 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 Program’s Terms and 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.br>
    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 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. 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 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;v
    d. is abusive, disruptive, inappropriate, or hostile conduct toward any employee, representative or customer of a Participating Store or any other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at a Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from a Participating Store and meet all of the conditions described herein.

    E. Points will 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. Which items are eligible for Points may vary between Participating Stores.

    I. A Member will receive 10 Points for 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Participating Store’s state law. Any eligible points will appear in Member’s &MORE Rewards account within 24 hours.

    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. Such Bonus Point Promotions are subject to any other terms set forth in the promotional offer.

    K. If a Member fails to associate his/her &MORE 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 &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. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    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. items purchased using a gift card as the only form of tender; 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 six (6) months 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.

    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 limited Perks having no value that a Member may qualify for, if any.

    B. Perks generally are issued in the form of &MORE Rewards that may be redeemed in Participating Stores. The frequency of Perks are determined at the sole discretion of the Participating Store and can be changed at any time.

    C. Points received under any loyalty program offered by the Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    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. Member agrees any Perks received as a result of the &More Rewards Program do not constitute a thing of value.

    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, 2022 and will end on December 31, 2022.

    D. All 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: Manufacturer Cash-Back Rebates, Online Access to Record of Past Purchases, Online Access to Record of Past Purchases, Verified Military Member Benefit, Cast Ballot for Charity Donation. Reserve members also receive Member-Only Specials and Events. Grand Reserve members also receive Member-Only Specials and Events, and Priority Access to Select Products.

    1. PERKS AVAILABLE TO ALL MEMBERS

    a. Manufacturer Cash-Back Rebates : Select, Reserve, and Grand Reserve Members in Connecticut are eligible to receive Cash-Back Rebates (“Rebates”) from manufacturers in their account. See Conn. Gen. Stat. § 30-68n. To qualify for these Rebates, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these Rebates, 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, Rebates must be activated by Member, and PayPal information must be entered in order to receive Rebate. When completing an online purchase, Member must be logged in, and once Rebate is activated, no code is needed, and Rebate will be apply to purchase. To use in store, Member must enter Rewards phone number at checkout and Rebate automatically applies to eligible products.

    b. Record of Past Purchases: 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.

    c. Military Benefit: 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.

    d. Cast Ballot for Charity Donation : Twice per year, Members will have the opportunity to utilize their points to cast a ballot for a charity to receive a donation from Total Wine & More in the amount of the accumulated points submitted through the ballot. Each point is a voting ballot. Customers will utilize all accumulated points to cast ballots for a single charity and, therefore, voted points cannot be used for any other purposes. The list of charities listed on the ballot will be determined by Total Wine & More in its sole discretion, but Members will have the ability to nominate new charities for future ballots during each voting period. The casting of any ballot under this program will not create for the Member any tax deductions under federal, state, or local taxes. All funds donated pursuant to the voting process are owned by and belong to Total Wine & More.

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

    a. Member-Only Specials and Events: In select Participating Stores only, Reserve Members will have access to certain Member-only specials and events. All offers will be sent to Reserve Members in the form of an email, where allowed by law, and sent to Members via email. In some markets, Member-only specials will be automatically applied at the register. To qualify for these offers, Reserve 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 from Member to Member, depending on state/locality of residence, preferred store selection, and availability.

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

    a. the same Perks as a Reserve Member, plus

    1. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program at the Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE. Any points received under Total DiscoverySM Loyalty Program shall not be considered.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 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 the 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: November 1st, 2023

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) located in the following jurisdictions only: Georgia, Michigan, and Tennessee USA (“Participating Stores”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at the Stores after the date the stores have ceased the program will be eligible to receive Points, as described further below in Section III.

    B. &MORE 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 each of the 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, a Participating Store 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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 Stores. 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. Current employees of the Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 Stores 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 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 &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 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 &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, or 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 Stores in writing to Total Wine & More, 6600 Rockledge Drive, Suite 150, Bethesda, Maryland 20817, as soon as possible but no later than fiver (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 Stores. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of the Stores, 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 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 any Total Wine & More 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 Program’s Terms and 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 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. 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 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 the Stores or any other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at a Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from the Store and meet all of the conditions described herein.

    E. Points will 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. Which items are eligible for Points may vary between Participating Stores.

    I. A Member will receive 10 Points for 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Participating Store’s state law. Any eligible rewards points will appear in Member’s Rewards account within 24 hours.

    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. Such Bonus Point Promotions are subject to any other terms set forth in the promotional offer.

    K. If a Member fails to associate his/her &MORE 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 &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. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    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. items purchased using a gift card as the only form of tender; 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 six (6) months 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.

    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 in Participating Stores. The amounts and frequency of offers are determined at the sole discretion of the Participating Store and can be changed at any time.

    C. Points received under any loyalty program offered by the Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:

    1. Are valid only in the Stores;
    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; and
    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 any alcoholic items, 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.
    13. Can only be used on non-alcoholic items.

    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, 2022 and will end on December 31, 2022.

    D. All Point balances will be return 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Online Access to Record of Past Purchases, Member-Only Specials and Events, and Verified Military Member Benefit. Reserve members also receive Class Discounts (excluds Michigan and Tennessee) and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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.

    b. Record of Past Purchases: 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.

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

    In Michigan verified Military customers will receive 2X Bonus Points on their total purchase.

    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.

    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 (50) percent on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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.

    Class Discounts are not available in Michigan or Tennessee.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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.

    Class Discounts are not available in Michigan or Tennessee.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    Access to Select Products is not available in Michigan.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program in all Participating Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 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 the 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) located in the following jurisdictions only: Indiana USA (“Participating Stores”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at the Stores after the date the stores have ceased the program will be eligible to receive Points, as described further below in Section III.

    B. &MORE 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 each of the 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, a Participating Store 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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 Stores. 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 Stores are domiciled.

    6. Current employees of the Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 Stores 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 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 &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 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 &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, or 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 Stores in writing to Total Wine & More, 6600 Rockledge Drive, Suite 150, Bethesda, Maryland 20817, as soon as possible but no later than fiver (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 Stores. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of the Stores, 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 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 any Total Wine & More 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 Program’s Terms and 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 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. 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 the Terms and Conditions;
    b. uses the Program in any manner inconsistent with the Terms and Conditions;
    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; c
    d. is abusive, disruptive, inappropriate, or hostile conduct toward any employee, representative or customer of a Participating Store or any other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at a Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from the Store and meet all of the conditions described herein.

    E. Points will 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 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Participating Store’s state law. Any eligible rewards points will appear in Member’s Rewards account within 24 hours.

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

    J. If a Member fails to associate his/her &MORE 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 &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.

    K. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    L. 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. items purchased using a gift card as the only form of tender; or,
    6. where a Member has only reserved an item but not paid for it.

    M. 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 six (6) months from the date the eligible charges were incurred to receive consideration.

    N. 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.

    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 in Participating Stores. The amounts and frequency of offers are determined at the sole discretion of the Participating Store and can be changed at any time.

    C. Points received under any loyalty program offered by the Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:

    1. Are valid only in Participating Stores:
    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; and
    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 any alcoholic items, gift cards, events, classes, tastings, bottle deposits, cigars, 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.br> 13. Can only be used on non-alcoholic items, excluding cigars.

    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, 2022 and will end on December 31, 2022.

    D. All Point balances will be return 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points (valid on non-acoholic items, excluding cigars), Bonus Point Promotions, Online Access to Record of Past Purchases, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon. Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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, excluding cigars.

    b. Record of Past Purchases: 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.

    c. 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.

    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 (50) percent on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program at the Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 the 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by participating TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) in the states of Louisiana, New Jersey and Wisconsin USA (“Participating States”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points, as described further below in Section III..

    B. &MORE 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 each of 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, a Participating Store 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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 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 any of the Participating States, that part shall be void in that state.

    7. Current employees of Participating Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 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 &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, or 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 Total Wine & More, 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 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 any Total Wine & More 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 Program’s Terms and 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 calling 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 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. 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 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 TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at a Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from the Store and meet all of the conditions described herein.

    E. Points will 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. Which items are eligible for Points may vary between Participating Stores.

    I. 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Louisiana, New Jersey or Wisconsin state law. Any eligible rewards points will appear in your rewards account within 24 hours.

    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. Such Bonus Point Promotions are subject to any other terms set forth in the promotional offer.

    K. If a Member fails to associate his/her &MORE 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 &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. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    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. items purchased using a gift card as the only form of tender; 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 six (6) months 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.

    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 in Participating Stores. The amounts and frequency of offers are determined at the sole discretion of the Participating Store and can be changed at any time.

    C. Points received under any loyalty program offered by the Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:

    1. Are valid only in Participating Stores in Participating States;
    2. &MORE Rewards may be subject to minimum purchase requirements as required by applicable law;
    3. Are valid-one time only;
    4. Are valid for either 14 days from date of issuance or as specified on the &MORE Rewards Certificate or Coupon itself; and
    5. May not be combined with other discounts or promotional offers/retail Certificates or Coupons, unless otherwise specified in writing by the Participating Store;
    6. Cannot be retroactively applied to previous purchases;
    7. Have no cash or monetary value;
    8. Are not redeemable for cash, and no change will be provided where the &MORE Rewards Certificate or Coupon exceeds the value of the purchase;
    9. 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;
    10. Will not be replaced, reissued, or credited if lost, stolen, or otherwise destroyed;
    11. Are void where copied, fraudulently obtained or transferred, derived from Points fraudulently obtained or transferred, prohibited, or restricted by law;
    12. Are not exchangeable; and
    13. 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, 2022 and will end on December 31, 2022.

    D. All Point balances will be return 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Personalized Deals*, Online Access to Record of Past Purchases, Member-Only Specials and Events, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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.

    b. Select, Reserve, and Grand Reserve Members in Louisiana and New Jersey 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: 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.

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

    a. Complimentary Member-Only Events: Unless prohibited by law, Reserve Members will receive email invitations for discounts of up to fifty (50) percent on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program in all Participating Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE Rewards. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at https://www.totalwine.com/privacy-policy . In accordance with our Privacy Policy, we do not sell your information.

    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 logging onto your account online and managing your subscriptions, or by contacting us at customercare@totalwine.com or calling Customer Care toll free at (855) 328-9463, seven days of the week.

    F. We may modify these Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) located in the following jurisdictions only: Massachusetts USA (“Participating Stores”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at the Stores after the date the stores have ceased the program will be eligible to receive Points, as described further below in Section III.

    B. &MORE 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 each of the 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, a Participating Store 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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 Stores. 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. Current employees of the Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 Stores 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 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 &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 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 &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, or 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 Stores in writing to Total Wine & More, 6600 Rockledge Drive, Suite 150, Bethesda, Maryland 20817, as soon as possible but no later than fiver (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 Stores. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of the Stores, 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 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 any Total Wine & More 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 Program’s Terms and 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 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. 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 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 TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at a Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from the Store and meet all of the conditions described herein.

    E. Points will 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Massachusetts state law. Any eligible rewards points will appear in your rewards account within 24 hours.

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

    J. If a Member fails to associate his/her &MORE 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 &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.

    K. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    L. 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. items purchased using a gift card as the only form of tender; or,
    6. where a Member has only reserved an item but not paid for it.

    M. 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 six (6) months from the date the eligible charges were incurred to receive consideration.

    N. 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.

    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 in Participating Stores. The amounts and frequency of offers are determined at the sole discretion of the Participating Store and can be changed at any time.

    C. Points received under any loyalty program offered by the Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:

    1. Are valid only in Participating Stores in Participating States;
    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; andbr> 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 any alcoholic items, 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;
    12. Are subject to the redemption terms and procedures specified on the &MORE Rewards itself and;
    13. Can only be used on non-alcoholic items.

    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, 2022 and will end on December 31, 2022.

    D. All Point balances will be return 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Online Access to Record of Past Purchases, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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.

    b. Record of Past Purchases: 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.

    c. 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.

    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 (50) percent on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program at the Stores. Loyalty Program in all Participating Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 the 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores (each a “Participating Store”) located in the following jurisdictions only: Missouri USA (“Participating Stores”). These Participating Stores are subject to change at any time, without notice. If a store ceases to be a Participating Store, no purchase made at the Stores after the date the stores have ceased the program will be eligible to receive Points, as described further below in Section III.

    B. &MORE 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at the Stores 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 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 any of the Participating States, that part shall be void in that state.

    7. Current employees of Participating Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 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. &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 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 &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 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 &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, or 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 in writing to Total Wine & More, 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 Participating Stores. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of Participating Stores , 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 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 any Total Wine & More 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. 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 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 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. 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 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 TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at a Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from the Store and meet all of the conditions described herein.

    E. Points will 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 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Participating Store’s state law. Any eligible rewards points will appear in Member’s Rewards account within 24 hours.

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

    J. If a Member fails to associate his/her &MORE 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 &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.

    K. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    L. 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. items purchased using a gift card as the only form of tender; or,
    6. where a Member has only reserved an item but not paid for it.

    M. 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 six (6) months from the date the eligible charges were incurred to receive consideration.

    N. 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.

    IV. USE OF POINTS & CERTIFICATES OR COUPONS

    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 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.

    C. Points received under any loyalty program offered by Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:

    1. Are valid only in Participating Stores:
    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; and
    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, 2022 and will end on December 31, 2022.

    D. All Point balances will be return 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 2022, a Member earns Reserve Status by August 1, 2022, then the Member is eligible for Reserve Status through Program Calendar Year 2023 (i.e., until December 31, 2023). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2023, then the Member will revert back to Select Status on January 1, 2024.

    F. Perks are available to Members of the Program based upon the Membership Status achieved. These Perks are offered solely at the discretion of the Participating Store. Not all Perks are available to all Members or at all Participating Stores, and therefore may vary from state to state, store to store, and from Member to Member. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Personalized Deals, Online Access to Record of Past Purchases, Member-Only Specials and Events, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, Free Wine Gift Bags or reuseable tote ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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.

    b. Personalized Deals: Select, Reserve, and Grand Reserve Members in Missouri 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: 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.

    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 (50) percent on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program in all Participating Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE Rewards. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores, their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at https://www.totalwine.com/privacy-policy . In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

  • Effective date: August 21st, 2023.

    The following terms and conditions (“Loyalty Terms & Conditions”) govern participation in New York Fine Wines & Spirits, LLC’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 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 New York Fine Wines & Spirits, LLC, a New York limited liability company that owns and operates the “Total Wine” trade name at 1230 Old Country Rd., A, Westbury, NY 11590 (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 shall be governed by and construed in accordance with the laws of the State of Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 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 New York law, that part shall be void in New York 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 New York Fine Wines & Spirits, LLC, 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, 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 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 TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at any Participating Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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 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 1230 Old Country Rd., A, Westbury, NY 11590. 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 are calculated on a per-item basis.

    F. 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.

    G. A Member will receive 10 Points for 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.

    H. 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.

    I. 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.

    J. Points can be received on the purchase of gift cards purchased from the Participating Store or its website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g., cash, credit card, or check) paid for eligible purchases. Please refer to New York Fine Wines & Spirits, LLC’s Gift Card Policyfor additional information about the gift cards.

    K. 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. items purchased using a gift card as the only form of tender; or,
    6. where a Member has only reserved an item but not paid for it.
    L. 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 six (6) months from the date the eligible charges were incurred to receive consideration.

    M. 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.

    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 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 the Participating Store. Current &MORE Rewards Perks include:

    &MORE Rewards perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Personalized Deals*, Online Access to Record of Past Purchases, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($3.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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 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 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 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 the discount automatically applies in cart. To use in store, Member must enter Rewards phone number at checkout and the 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.

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

    a. Unless prohibited by law, Reserve Members will receive email invitations for discounts of up to fifty percent (50%) on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: 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 New York Fine Wine & Spirits Privacy Policy (the “Privacy Policy”), available at http://www.totalwine.com/privacy-policy. In accordance with our Privacy Policy, we do not sell your information.

    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. Member agrees that any claim for or award of attorneys’ fees, including such claim or award pursuant of Chapter 38 of Texas Civil Practice and Remedies Code, is waived. An arbitrator may award on an individual basis any relief.

    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.

    X. NOTICES

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

    New York Fine Wines & Spirits, LLC
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817

    Or by email at: Legal@TotalWine.com

  • Effective date: November 1st, 2023.

    The following terms and conditions (“Terms & Conditions”) govern participation in Total Wine & More’s loyalty program known as &MORE Rewards (“&MORE Rewards Program” or “Program”). Please read the Terms and 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 Terms and 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. Member Status & Perks
    VI. Relationship to Total DiscoverySM Loyalty Program
    VII. Privacy Information
    VIII. Additional Conditions of Participation
    IX. Individual Arbitration of Disputes; Jury Trial Waiver
    X. Notices


    I. GENERAL

    A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® stores located in Texas ( “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. &MORE 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 Maryland, 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 Total Wine & More agree to resolve any disputes over the Program in the state courts of Montgomery, Maryland and irrevocably waived any right to a jury trial.

    II. PROGRAM PARTICIPATION

    A. Eligibility

    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 providing his or her personal telephone number and email address at a Participating Store at the checkout stand, 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 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 any of the Participating States, that part shall be void in that state.

    7. Current employees of Participating Stores are eligible to participate in the Program as set forth herein; however, they are subject to certain exceptions to these Terms and 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 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. &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 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 &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 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 &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 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, Participating Stores shall not be liable for any unauthorized access to the account, or 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 Participating Stores 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 in writing to Total Wine & More, 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 Participating Stores. Perks cannot be redeemed by the Member after the account has been deactivated. After deactivation, a Member is eligible, in the discretion of Participating Stores , 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 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 any Total Wine & More 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. 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 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 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 TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®, or any &MORE Rewards Program Member; or
    e. fails to pay for any purchase at any Participating Store, or other business operating as TOTAL WINE & MORE® or TOTAL WINE SPIRITS BEER & MORE®.

    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. If a store ceases to be a Participating Store, no purchase made at that store after the date the store has ceased participation will be eligible to receive Points.

    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 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.

    D. To receive Points, a Member must make a qualified purchase in person at a Participating Store or online (for shipping, delivery, or in-store pickup) from the Store and meet all of the conditions described herein.

    E. Points will 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 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 a Participating Store (“Base Points”), provided that the Member supplies his/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. Points are awarded if allowed by Participating Store’s state law. Any eligible rewards points will appear in Member’s Rewards account within 24 hours.

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

    J. If a Member fails to associate his/her &MORE 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 &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.

    K. Points can be received on the purchase of gift cards purchased from Participating Stores or the Total Wine & More website. However, when a gift card is used to pay for eligible purchases, no additional Points will be received. For transactions where the total value of eligible purchases exceeds the remaining balance of the gift card, Members can receive a pro-rated amount of Points based on the amount of non-gift card tender (e.g. cash, credit card, or check) paid for eligible purchases.

    L. 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. items purchased using a gift card as the only form of tender; or,
    6. where a Member has only reserved an item but not paid for it.

    M. 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 six (6) months from the date the eligible charges were incurred to receive consideration.

    N. 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.

    IV. USE OF POINTS & CERTIFICATES OR COUPONS

    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 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.

    C. Points received under any loyalty program offered by Participating Stores prior to the Effective Date may be used to determine a Member’s Membership Status under the Program as of the Effective Date. See Section VI, below.

    D. &MORE Rewards received under the Program:
    1. Are valid only in Participating Stores

    2. Are valid-one time only;
    3. Are valid for either 14 days from date of issuance or as specified on the &MORE Rewards itself; and
    4. May not be combined with other discounts or promotional offers, unless otherwise specified in writing by Participating Stores;
    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 exceeds the value of the purchase.
    8. Cannot be used on the purchase of a gift card, 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, 2018 and will end on December 31, 2018.

    D. All Point balances will be return 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 2018, a Member earns Reserve Status by August 1, 2018, then the Member is eligible for Reserve Status through Program Calendar Year 2019 (i.e., until December 31, 2019). However, if the Member does not receive enough Points to re-qualify for Reserve Status during Program Calendar Year 2019, then the Member will revert back to Select Status on January 1, 2020.

    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 perks for all members include: $5 Reward Certificate or Coupon for every 5,000 points, Bonus Point Promotions, Online Access to Record of Past Purchases, Member-Only Specials and Events, and Verified Military Member Benefit. Reserve members also receive Class Discounts and one Free Wine Gift Bag ($3.99 or less) per month with purchase while supplies last (redeemable with coupon). Grand Reserve members also receive Class Discounts, two Free Wine Gift Bags ($9.99 or less) per month with purchase while supplies last (redeemable with coupon), a free Magazine Subscription, and Priority Access to Select Products.

    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.

    b. Record of Past Purchases: 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.

    c. Member-Only Specials and Events: In Participating Stores, all Members will have access to certain Member-only specials and events. All offers will be sent to members in the form of an email. 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.

    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.

    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 (50) percent on the cost of certain classes. Maximum discount on class price is $10.00 per ticket. Offer valid for two (2) tickets per month. 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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Maximum discount on class price is $20.00 per ticket. Offer valid for two (2) tickets per month. 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.

    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. Not valid on orders placed online for In-store Pickup, Curbside Pickup, Delivery, or Shipping.

    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. Access to Select Products: Unless prohibited by law and at select Participating Stores, 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 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.

    VI. RELATIONSHIP TO Total DiscoverySM LOYALTY PROGRAM

    A. The &MORE Rewards Program entirely replaces the Total DiscoverySM Loyalty Program in all Participating Stores. The membership of persons enrolled in the Total DiscoverySM Loyalty Program is automatically converted to the &MORE Rewards Program and becomes immediately subject to these Terms and Conditions.

    B. Any Points received under the Total DiscoverySM Loyalty Program as of the Effective Date above shall be counted as Points under the &MORE Rewards Program for purposes of determining &MORE Rewards Member Status (Select, Reserve, Grand Reserve) only, as described above in Section V. For example, people who were Reserve members of the Total DiscoverySM Loyalty Program shall be considered Reserve Members of the &MORE Rewards Program.

    C. However, only Points received under the &MORE Rewards Program shall be counted toward the Points necessary to receive &MORE Rewards. Any points received under Total DiscoverySM Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total DiscoverySM Loyalty Program is not eligible to receive a $5 &MORE Reward; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Reward.

    VII. PRIVACY INFORMATION

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

    B. Participating Stores , their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Total Wine & More Privacy Policy (the “Privacy Policy”), available at https://www.totalwine.com/privacy-policy . In accordance with our Privacy Policy, we do not sell your information.

    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 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 Terms and Conditions from time to time by posting the revised Terms and 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 Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

    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 &MORE 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 Montgomery County, Maryland, for such purpose.

    X. NOTICES

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

    Total Wine & More
    6600 Rockledge Drive, Suite 150
    Bethesda, MD 20817