Terms & Conditions

A. The Program is offered and sponsored by the TOTAL WINE SPIRITS BEER & MORE® store located at 8727 Loch Raven, Blvd., Towson, MD 21286 (the “Store”). This Store is subject to change at any time, without notice. No purchase made at that Store 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 Towson, MD Store.

C. The Program replaces all loyalty programs offered in the Store 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 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.

A. Eligibility

B. Membership

C. Termination or Discontinuance of Program or Membership

A. If the Store ceases to participate in the &MORE Rewards Program, no purchase made at the 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 the 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 the Store (“Base Points”), provided that the Member supplies his/her membership number to the Store employee or logs into his or her &MORE Rewards Member account before the payment for the eligible charges is tendered.

I. From time to time, the Store may offer Members promotional “Bonus Point Promotions” that result in an award of extra Points (“Bonus Points”). Such Bonus Point Promotions are also 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 the Store. 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:

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 Store will deduct the Points that the Member was awarded for that purchase, potentially resulting in a negative Point balance on the Member account.

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 Certificates or Coupons for redemption in the Store. The amounts and frequency of offers are determined at the sole discretion of the Store and can be changed at any time.

C. Points received under any loyalty program offered by the Store 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 Certificates or Coupons received under the Program:

A. The Program has three Membership Status levels:

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 Tier 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 Store. Current &MORE Rewards Perks include:

1. PERKS AVAILABLE TO ALL MEMBERS

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

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

A. The &MORE Rewards Program entirely replaces the Total Discovery℠ Loyalty Program at the Store. The membership of persons enrolled in the Total Discovery℠ 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 Discovery℠ 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 Discovery℠ 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 Certificates or Coupons. Any points received under Total Discovery℠ Loyalty Program shall not be considered. For example, a person who had received 5,000 points under the Total Discovery℠ Loyalty Program is not eligible to receive a $5 &MORE Rewards Certificate or Coupon; instead, the Member must receive 5,000 Points under the &MORE Rewards Program in order to receive a $5 &MORE Rewards Certificate or Coupon.

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

B. The Store, 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 the Store, 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.

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

B. The 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, 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. The Store 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.

A. THIS SECTION LIMITS CERTAIN RIGHTS THAT ANY MEMBER AND THE 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 JAMS RULES REFERENCED BELOW), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT MEMBER AND THE STORE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

B. Member and the 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 Store 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, the Store 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, the Store 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 the Store also have the right to bring qualifying claims in small claims court. In addition, Member and the Store 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 THE 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 Store’s 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 Store 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.

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

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