Heartwood & Oak
Holiday Rewards Program Terms and Conditions

Effective Date: November 15, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE HEARTWOOD & OAK HOLIDAY REWARDS PROGRAM (THE “REWARDS PROGRAM”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW, WHICH INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST US TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE HEARTWOOD & OAK HOLIDAY REWARDS PROGRAM.

1. Rewards Program Description

The Rewards Program is a free loyalty program that allows you to earn points with every qualifying purchase (the “Rewards Points” or “Points”) through Heartwood & Oak. The Rewards Program will run from November 15, 2017 at 12:01 a.m. through December 31, 2017 at 11:59 p.m. Pacific Standard Time (the “Term”). At the end of the Term, you will be able to redeem accumulated Rewards Points for Rewards (defined below) based on the total number of Rewards Points earned. It is possible that you may not be able to earn enough Rewards Points to redeem a Reward. Rewards vary depending on the Tier (defined below) achieved.

2. Rewards Program Eligibility

You must be a resident of the United States and at least 21 years of age with a valid email address to participate in the Rewards Program except that residents of the following states are not eligible to participate in the Rewards Program: AK, AL, AR, DE, HI, KY, MS, OK, RI, SD, UT. The Rewards Program is intended for personal use only, and commercial use by commercial customers and others purchasing items for resale are not eligible to participate in the Rewards Program. Our current employees and contractors, and their immediate family members living in the same household, are not eligible to participate in the Rewards Program.

3. Earning Rewards Points

It’s easy to earn Rewards Points. Every purchase of 4 or more bottles of wine in a single transaction at Heartwood & Oak during the Term (a “Qualifying Purchase”) earns you 100 Rewards Points. Earn double points, up to a maximum of 200 Points per Qualifying Purchase, when you spend over $100 in a single Qualifying Purchase, make a Qualifying Purchase on the weekend (from 12:01 am PST Saturday to 11:59 pm PST Sunday), or on subsequent Qualifying Purchases when you place more than one Qualifying Purchase in the same day.

4. Rewards Program Tiers

The Rewards Program offers different benefits based on different Rewards Point levels (“Tiers” or “Tier”). Your Tier status is determined by the total number of Rewards Points that you accumulate during the Term of the Rewards Program. At the end of the Term we tally up all your Rewards Points, and you will earn a Reward based on the highest Tier level you reach with your Rewards Points.

LEVEL 1: Enthusiast

200 Points
50 Dining & Shopping Dollars*
300 – 400 Points
Aerator voucher and 50 Dining & Shopping Dollars*
500 – 900 Points
Wine Decanter voucher, 50 Dining & Shopping Dollars* and Aerator voucher

LEVEL 2: Connoisseur

1,000 – 1,900 Points
Voucher for 4 Bottles of Wine in a Wood Gift Box plus all Rewards at the 500-Point level
2,000 – 2,400 Points
Voucher for a Half-Case of Bordeaux, plus all Rewards at the 500-Point level
2,500 – 4,900 Points
Voucher for a Case of Estate Wine, plus all Rewards at the 500-Point level
5,000 – 14,900 Points
Voucher for Case of Bordeaux, Voucher for Case of Estate Wine, plus all Rewards at the 500-Point level

LEVEL 3: Oenophile

15,000 or more Points
Voucher to create your own 12 bottle case of wine at Heartwood & Oak every month for a year, plus enjoy all Rewards at the 500-Point level
*Dining & Shopping Dollars are third-party coupons that can be redeemed at a variety of popular restaurants and stores throughout the country. Your use and redemption of Dining & Shopping Dollars are subject to the additional terms and conditions of the service provider administering the Dining & Shopping Dollars.

5. Redemption of Rewards Points for Rewards

Upon the conclusion of the Rewards Program at the end of the Term, we will add up all the Points you’ve earned and notify you of your qualifying Points balance and applicable Rewards Tier. Your Rewards Points will be converted into one or more vouchers for Rewards that will be issued after the end of the Term. Redeem your voucher(s) by going to the URL specified in the voucher and entering the unique voucher code provided. Vouchers will expire by the date stated on the voucher, or if no date is stated, by June 30, 2018 (the “Expiration Date”). You must redeem a voucher prior to the Expiration Date in order to receive the Reward. Rewards Points and vouchers are promotional in nature and have no cash value. Vouchers are valid for one-time use only, are redeemable only for the Reward specified and may not be applied to previous purchases. Your Rewards Points and vouchers are personal to you and may not be combined, sold, transferred (by operation of law or otherwise) or assigned to or shared with family, friends, or others, or used by you for any commercial purpose. Accrued Rewards Points do not constitute personal property and are not transferrable upon death, as part of a domestic relations matter, or otherwise. You are responsible for any special shipping arrangements you initiate and all federal, state, or local taxes applicable to your participation in the Rewards Program. Rewards may not be shipped to the following states: AK, AL, AR, DE, HI, KY, MS, OK, RI, SD, UT.

6. Impact of Returns or Refunds on Your Rewards Points

If you void, return or request a refund of any Qualifying Purchase, we will deduct the Rewards Points that you were awarded for that purchase from your Points balance and those Points will no longer count toward your total Rewards Points balance.

7. Additional Terms

These Heartwood & Oak Holiday Rewards Program Terms and Conditions (“Rewards Terms”) apply to your access to and participation in the Heartwood & Oak Holiday Rewards Program (“Rewards Program”). These Rewards Terms do not alter in any way the terms or conditions of any other agreement you may have with us for other products and services. Please note that your access to and participation in the Rewards Program is also governed by the terms, conditions, limitations and requirements in the Heartwood & Oak Terms and Conditions and Privacy Policy. In the event of any conflict between the Heartwood & Oak Terms and Conditions and these Rewards Terms, the Heartwood & Oak Terms and Conditions will control.

We reserve the right to change, modify, terminate and/or eliminate the Rewards Program and/or all or any portion of these Rewards Terms or any policy pertaining to the Rewards Program at any time during the Term and in our sole discretion, including our right to discontinue or change the Tiers or benefits or change the expiration date of Rewards Points or vouchers received under the Rewards Program, merge the Rewards Program with another rewards program, or adjust how Rewards Points are earned, calculated or redeemed. If we make changes, we will post the amended Rewards Terms here and update the “Effective Date” stated above, and the amended Rewards Terms will be effective immediately. Your continued participation in the Rewards Program after the amended terms are posted will confirm your acceptance of these changes. If you do not agree to these Rewards Terms, or the same as amended, you must stop participating in the Rewards Program.

We reserve the right to correct any inaccurate Points balance. Purchases made at any other websites owned or operated by us or our parent or affiliated entities are not eligible for Rewards Points or other benefits.

Specific Tier levels and Rewards are determined based on your total Rewards Points at the end of the Term. You may not redeem any Rewards Points or vouchers prior to the end of the Term. Rewards Points that remain in your account will be forfeited if the Rewards Program is terminated or your Heartwood & Oak account is closed.

Abuse of the Rewards Program, including but not limited to failure to follow or adhere to these Rewards Program terms and conditions, and any misrepresentation of fact or other improper conduct as determined by us in our sole discretion, may result in cancellation of your Heartwood & Oak account, forfeiture of your Rewards Points accrued and cancellation of any previously issued by unused voucher. At our discretion, and without limitation of our other rights and remedies, we may prosecute abuse of the Rewards Program to the fullest extent of the law.

DRINKS, LLC, its parent, subsidiaries and related entities, and 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 Rewards Program, or any product or services related to the Rewards Program provided, however, that this disclaimer of warranties is not applicable to residents of the State of New Jersey. BY PARTICIPATING IN THE REWARDS PROGRAM, YOU HEREBY RELEASE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES RELATING TO YOUR PARTICIPATION IN THE PROGRAM, USE OF THE REWARDS AND VOUCHERS, AND AGREEMENT TO THESE TERMS AND CONDITIONS. TO THE EXTENT PERMITTED BY LAW AND EXCEPT WITH RESPECT TO RESIDENTS OF THE STATE OF NEW JERSEY, 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 IN THE REWARDS 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 AND CONDITIONS, 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.

We may delay enforcing our rights under these Terms and Conditions without losing them. In addition, our failure to exercise our rights on any one occasion, or even on one or more occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing. If any provision of these Terms and Conditions is void or unenforceable, that provision will continue to be enforceable to the extent permitted, and the remainder of that provision will no longer be considered as part of these Rewards Program Terms and Conditions. However, in any area where some or all of the provisions of these Terms and Conditions are void due to law, we may elect at our discretion to no longer offer the Rewards Program.