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Insiders Terms and Conditions

19 CRIMES INFAMOUS INSIDERS LOYALTY PROGRAM
TERMS AND CONDITIONS – Effective July 1, 2024

These terms and conditions (“Terms and Conditions”) apply to the 19 Crimes Infamous Insiders Loyalty Program (“Loyalty Program”). Please read these Terms and Conditions carefully. If you have any questions, please go to https://19crimes.com/pages/contact.

By participating in the Loyalty Program, you agree to be subject to these Terms and Conditions. Joining the Loyalty Program constitutes your unconditional agreement to comply with these Terms and Conditions.

  1. OVERVIEW
    1. The Loyalty Program is offered and sponsored by Treasury Wine Estates Americas Company (“TWE”) in all 50 United States and the District of Columbia except for AL, CT, HI, IN, ME, NJ, NC, OH, OR, PA, SD, UT, VT, and WV (“Eligible Jurisdictions”). Eligible Jurisdictions are subject to change at any time, without notice. Restrictions may apply with regard to earning Points and redeeming Rewards, even within Eligible Jurisdictions, as further detailed herein.
    2. Loyalty Program Membership, Points, and Rewards, if any, are offered for promotional purposes only and solely at the discretion of TWE.
    3. The Loyalty Program replaces all other 19 Crimes loyalty/reward programs prior to the Effective Date referenced above. The Terms and Conditions set forth herein supersede all prior Loyalty Program terms and conditions. The Terms and Conditions incorporate by reference 19 Crimes’ Terms of Use, available at https://19crimes.com/pages/terms-conditions.
    4. In its sole discretion, TWE may add to, delete from, or modify these Terms and Conditions, with or without notice, and without regard to any effect on the value of Points already accumulated or the way in which Points may be accumulated or redeemed.
    5. The Terms and Conditions are governed by the laws of the State of California, without effect to any choice of law or conflict of law rules.
    6. Loyalty Program Points (“Points”) are a Loyalty Program-specific currency with no cash value. Points are redeemable only for Rewards offered through the Loyalty Program.
    7. Rewards” means discounts on items, merchandise, or other services obtainable via redemption of Points by a Loyalty Program Member.
  2. ELIGIBILITY
    1. Only legal residents of the United States who are (a) at least 21 years old and (b) use the Loyalty Program for personal purposes (not commercial or business purposes) are eligible to enroll as a Member in the Loyalty Program (“Eligible Applicant,” or “Member” once successfully enrolled in the Loyalty Program). Residency will be determined by the Eligible Applicant or Member’s primary shipping address. It is the responsibility of the Eligible Applicant and/or Member to maintain a current primary shipping address on file with TWE and to update Member’s primary shipping address and account accordingly. TWE is not responsible for any errors or modifications relating to the Eligible Applicant or Member’s primary shipping address, as specified in Member’s Loyalty Program account. All Members must consent to these Terms and Conditions.
    2. Eligible Applicant may apply for, and each Member may receive, only one Loyalty Program membership (“Membership”) per person, and per phone number and email address.
    3. An Eligible Applicant may enroll by visiting https://19crimes.com/account/login.
    4. A Membership is not effective until the Eligible Applicant has been accepted and the Membership has been activated by TWE. If a Member is determined to be ineligible after enrollment, the Member’s Membership will be terminated immediately, and no compensation, Points, or other benefits will be paid.
    5. Employees of TWE and its affiliates are eligible to participate in the Loyalty Program.
    6. Eligibility in the Loyalty Program is void where prohibited by law.
    7. To the extent that any part of the Loyalty Program is determined to be invalid in any Eligible Jurisdiction, that part shall be void in that jurisdiction.
  • MEMBERSHIP
    1. No purchase is necessary to participate in the Loyalty Program, which is free and voluntary.
    2. Member may not transfer Points or Rewards. Member cannot combine Points or Rewards from multiple Loyalty Program accounts for redemption, or any other purpose. Points do not constitute property of Member. Points may be revoked at any time by TWE as set forth herein. Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law.
    3. Member is prohibited from using another Member’s account without permission. In the event of a dispute over ownership of the Loyalty Program Membership, the account will belong to the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms and 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.
    4. The Loyalty Program is provided to individuals only. Corporations, associations, or other groups may not participate in the Loyalty Program. It is fraudulent for any individual or company, association, or group to direct, encourage, or allow individuals to use a single account for the purpose of accumulating Points for combined use.
    5. If Member becomes aware of any fraudulent activity, including unauthorized use of Member account or benefits, Member must report the fraudulent activity to TWE in writing to [URL for customer service] as soon as possible but no later than seven calendar days after Member’s discovery of the fraudulent activity or misuse. TWE reserves the right, in its sole discretion and without notice or liability to Member, to restrict, suspend and/or discontinue the Membership of any Member who TWE believes has engaged in any fraudulent activity or has used the Loyalty Program in a manner inconsistent with these Terms and Conditions or any federal, state, provincial, municipal, territorial or local laws, statutes or ordinances. In addition to discontinuance of Membership, TWE shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
    6. If Member cancels Member’s Membership, TWE will pause Member’s Membership and Loyalty Program account for 24 months, or until Member rejoins the Loyalty Program. During this time, Member’s Points will not be deleted unless Member deletes their account. After 24 months without Member activity, TWE will delete the account and Member’s Points will be permanently lost.
    7. Members who do not activate their Loyalty Program account for 24 months are subject to deactivation and cancelation of accumulated Points and Rewards, in the sole discretion of TWE. Rewards cannot be redeemed by Member after Member’s account has been deleted. After deactivation, Member is eligible, in the discretion of TWE, to open a new account.
    8. TWE may, at its discretion send correspondence to Member to remind Member of the Loyalty Program’s Terms and Conditions, available Rewards, or the expiration of Points or Rewards. TWE shall not be liable for any failure to do so, or for any incorrect, inaccurate, or failed communication with Member.
    9. Member is responsible for ensuring the accuracy of Member’s Loyalty Program account and is encouraged to check the Loyalty Program account regularly and to update the information associated with the account when necessary. Member is solely responsible for maintaining the confidentiality and security of the account, including without limitation, the password associated with Member’s account. Member is also responsible for maintaining Member’s current contact information and updating Member’s account profile through the online platform.
    10. TWE will not be responsible for any losses arising from any fraudulent and/or unauthorized use of Member’s account, or for any incorrect or inaccurate information supplied by Member while participating in the Loyalty Program.
    11. All questions or disputes regarding eligibility for the Loyalty Program, collecting or redemption of Points, or Member’s compliance with these Terms and Conditions will be resolved by TWE in its sole discretion.
    12. Member may cancel his or her Membership at any time by contacting TWE as described herein or by accessing Member’s account via the Loyalty Program website.
    13. The Loyalty Program has no termination date and may continue until TWE decides to terminate the Loyalty Program, which may occur at any time, for any or no reason, and with or without notice to Member. In the event of such termination and unless prohibited by law, Member will have 30 days from the Loyalty Program’s termination to redeem any received Points, Rewards, or other benefits.
    14. TWE reserves the right, in its sole discretion, to discontinue Membership for any Member who uses the Loyalty Program in any manner inconsistent with the Terms and Conditions, or who violates or acts in any manner that is inconsistent with federal, state or local laws. If TWE determines, in its sole discretion, that any Points or Rewards have been obtained in an impermissible manner, the Points and Rewards 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 at any time, in TWE’S sole discretion.
  1. POINTS
    1. Points received by Member may not be sold, auctioned, bartered, brokered, purchased, or otherwise transferred. Points may not be purchased for cash, have no cash value, and have a face value of $0.  To receive Points, Member must meet all conditions described herein.
    2. Points are calculated on a per-item basis. The Points awarded are calculated at TWE’s discretion before tax and Member discounts are applied. The current Loyalty Program Points Schedule is published on the Loyalty Program website; in the event of any conflict between these Terms and Conditions and such Schedule, the Schedule will prevail.  Points conversion will be determined by TWE and Points will be rounded up to the nearest whole point value.  As indicated on the published Schedule, Points may be awarded for account activation, email sign-up, SMS text sign-up, qualifying wine purchases (“Qualified Purchase”), taking polls, following or engaging with the 19 Crimes account on social media platforms such as Instagram, Facebook, and YouTube, referring a friend to the Loyalty Program, and/or 19 Crimes product reviews; TWE may also award Points to celebrate a Member’s birthday and/or a brand release or milestone, at its sole discretion.
    3. Methods for earning Points may vary by Eligible Jurisdiction; not all Members will be eligible to earn points through all methods listed in the Schedule. Points are awarded only if allowed by the laws of the Eligible Jurisdiction, and are void where prohibited by law.
    4. With regard to Qualified Purchases made on the 19 Crimes website, if Member fails to associate Member’s Loyalty Program account number with eligible charges before the time that payment is tendered, Points may not be received on the purchase. TWE reserves the right to decline any transaction, including the accrual of Points, that it suspects, in its sole discretion, may involve an individual under age 21, or is otherwise fraudulent or in violation of applicable law. In such case, TWE may close Member Loyalty Program accounts, and void all Points accrued.
    5. With regard to Qualified Purchases made through a third party website or retail location, Points may be earned by submitting an eligible point-of-sale receipt (“Eligible Receipt”) that contains (i) Name of seller/vendor, (ii) name of participating 19 Crimes wine product (please see Schedule for eligible products), (iii) date of purchase, and (iv) purchase price paid. Instructions regarding file type, file size, number of submissions, etc. are provided on the Loyalty Program website and must be followed in order to earn Points.  Submissions are subject to validation by TWE prior to Points being awarded.
    6. With regard to social media engagement activities, Member must adhere to all terms of use/service imposed by the social media platform. No post or comment may: disparage TWE or 19 Crimes; prominently feature or infringe a third party’s intellectual property (g., brand name, logo, trademark); contain offensive, defamatory, obscene, sexually explicit, violent, or otherwise inappropriate content; contain or encourage irresponsible or underage consumption of alcohol; contain material that promotes bigotry, racism, hatred, or harm against any group or individual or that promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; feature an individual under age 21; or feature an individual with said individual’s consent.
    7. No Points will be received for taxes, container deposits, or purchases made with a gift card. If Member returns a purchase made with Member’s Loyalty Program account, TWE reserves the right to deduct the Points that Member was awarded for that purchase.
    8. If Member believes the correct number of Points has not accrued to their account, Member must submit a written request for a Points adjustment through https://19crimes.com/pages/contact with 60 days of the purportedly incorrect accrual. Failure to supply any documentation or information requested by TWE may result in denial of Points.
  2. REWARDS
    1. Rewards are determined at the sole discretion of TWE and can be modified at any time. Any other use, transfer, or redemption of Points is prohibited.
    2. Loyalty Program Rewards:
      1. Are offered solely at TWE’s discretion;
      2. Are valid only on purchases made directly through TWE via the Loyalty Program. Points may be redeemed for discounts on limited items, including wine and non-alcoholic merchandise while supplies last. Points may not be redeemed for “free” goods. Any other use, transfer, or redemption of Points is prohibited;
      3. May be subject to minimum purchase requirements as required by applicable law;
      4. Cannot be combined with other discounts or promotional offers, rebates or coupons, unless otherwise specified in writing by TWE;
      5. Are not redeemable for cash, and no change or monetary reimbursement will be provided;
      6. Will not be replaced, reissued, or credited if lost, stolen, or otherwise destroyed;
      7. Are void where copied, fraudulently obtained or transferred, derived from Points fraudulently obtained or transferred, prohibited, or restricted by law;
      8. Cannot be retroactively applied to previous purchases;
      9. Are not exchangeable; and
      10. Are subject to the redemption terms and procedures specified on the individual Rewards.
    3. State law may prohibit a Member from redeeming Rewards for alcohol products; Member may redeem Rewards for non-alcohol products in such case and TWE shall not be responsible for any form of compensation to such Members.
    4. All Point redemptions for Rewards are final. If Member does not receive redeemed Rewards within 12 weeks of redemption or Member believes such Rewards arrived damaged, Member must notify TWE by visiting https://19crimes.com/pages/contact within 60 days of Member’s receipt of the applicable Reward(s) or within 60 days of the expiration of the 12-week period, in the case of a Reward that was never received.
    5. Any applicable taxes associated with or arising from the shipment of any Reward to Member are not included and are Member’s responsibility.
    6. TWE reserves the right to modify the available Rewards and their corresponding Point totals at any time and for any reason in TWE’s sole discretion.
    7. All Rewards are redeemable only in conjunction with the designated monetary purchase price. No Rewards shall result in free goods.
  3. POINTS AND REWARDS – RESTRICTIONS BY JURISDICTION
    1. State law imposes restrictions in certain Eligible Jurisdictions on earning Points and/or redeeming Rewards.
    2. If a Member is located in one of the following states, that Member shall not be permitted to earn Points through a direct-to-consumer purchase from the 19 Crimes website or any third-party website: AR, DE, MS, RI
    3. If a Member is located in Texas, that Member shall not be permitted to earn Points for any alcohol purchase that is not made through the 19 Crimes website.
    4. If a Member is located in one of the following states, that Member shall not be permitted to redeem a Reward for the purchase of alcohol: IN, OH, OR
    5. If a Member is located in one of the following states, that Member shall not be permitted to redeem a Reward for the purchase of alcohol if the result is a sale of alcohol below cost: DE, GA, LA, MD, MA, MI, WA, WI, WY
    6. If a Member is located in Mississippi, that Member shall not be permitted to redeem a Reward for the purchase of alcohol if the result is a discount exceeding 25% of the advertised retail price for such alcohol.
  • REWARDS - RELEASE OF LIABILITY AND ASSUMPTION OF RISK
    1. To the extent that Member redeems a Reward for an activity that is potentially dangerous and involves risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss, Member expressly assumes such risk and shall waive and release any and all claims against TWE and its affiliates related to such activity and any injury, disability, death, or damage arising therefrom. The foregoing release by Member do not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
    2. Member further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing releases are hereby expressly and forever waived. Member acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASED PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
  • PRIVACY INFORMATION
    1. TWE and its affiliates may collect, process, and/or use Member’s personal information in accordance with its Privacy Policy (the “Privacy Policy”), available at https://19crimes.com/pages/privacy-policy.
    2. By participating in the Loyalty Program, Member agrees that TWE, its affiliates, and its vendors may collect, process, and/or use information from and about Member, and TWE and its affiliates may share Member’s personal information for purpose of administering the Loyalty Program and other business purposes, including updating and enhancing the quality and content of the Loyalty Program and information TWE maintains about Member.
    3. Member authorizes TWE to send periodic communications by email or phone. Member may discontinue such communications in accordance with the Privacy Policy.
    4. TWE may modify these Terms and Conditions from time to time by posting the revised Terms and Conditions on our website. TWE may also modify the Privacy Policy from time to time as described in the Privacy Policy. Member’s continued participation in the Loyalty Program indicates Member’s acceptance of the changes.
  1. PARTICIPATION IN THE LOYALTY PROGRAM
    1. TWE reserves the right to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by TWE shall be final and conclusive in each case.
    2. Without limitation of any of the foregoing disclaimers, Member hereby waives and will not assert any claims, allegations, complaints, or causes of action of any nature whatsoever against TWE, or any parent, subsidiaries or affiliated entities, or any of their respective officers, directors, employees, and agents (the “Released Parties”) arising out of, or in any way relating to, use of the Loyalty Program or Rewards.
    3. MEMBER UNDERSTANDS AND ACKNOWLEDGES THAT: (I) NO RELEASED PARTY IS AN INSURER OF PERSON, LIFE, LIMB, OR PROPERTY AND THAT INSURANCE, IF ANY, COVERING PERSONAL INJURY, LIFE LOSS, AND PROPERTY LOSS OR DAMAGE WILL BE OBTAINED BY MEMBER IN SUCH AMOUNTS AND COVERING SUCH PERILS AS MEMBER MAY DETERMINE IN MEMBER’S SOLE DISCRETION; (II) MEMBER’S USE OF THE CONTENT, REWARDS AND THE LOYALTY PROGRAM IS AT MEMBER’S OWN RISK; (III) THE AMOUNT MEMBER PAY FOR THE LOYALTY PROGRAM REWARDS IS BASED ONLY ON THE VALUE PROVIDED AND NOT ON THE VALUE OF ANY PROPERTY OR ITS CONTENTS; (IV) IT IS DIFFICULT TO DETERMINE IN ADVANCE THE VALUE OF ANY PROPERTY THAT MIGHT BE LOST, STOLEN OR DESTROYED IF THE LOYALTY PROGRAM FAILS TO OPERATE PROPERLY; (V) IT IS DIFFICULT TO DETERMINE IN ADVANCE HOW FAST EMERGENCY RESPONDERS WILL RESPOND AND RELEASED PARTIES BEAR NO RESPONSIBILITY FOR EMERGENCY RESPONSE; AND (VI) IT IS DIFFICULT TO DETERMINE IN ADVANCE THE DAMAGES THAT WOULD BE PROXIMATELY CAUSED BY A FAILURE TO PERFORM, ANY NEGLIGENCE IN PERFORMANCE, OR A FAILURE OF THE LOYALTY PROGRAM OR REWARDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY RELEASED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONSORTIUM OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LOYALTY PROGRAM OR REWARDS.
    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF THE LOYALTY PROGRAM; (II) LIFE LOSS, BOLDILY INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM EITHER (A)  MEMBER’S ACCESS TO OR USE OF THE LOYALTY PROGRAM OR REWARDS OR (B) THE ACTIONS OR ACTIONS NOT TAKEN BY THE RELEASED PARTIES OR ANY THIRD PARTY IN CONNECTION WITH THE LOYALTY PROGRAM OR REWARDS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TWE’S SERVERS, ANY ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LOYALTY PROGRAM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE LOYALTY PROGRAM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE LOYALTY PROGRAM; AND/OR (VII) USER INFORMATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
    5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LIABILITY OF THE RELEASED PARTIES TO MEMBER, MEMBER’S SUCCESSORS AND PERMITTED ASSIGNS FOR DAMAGES OR OTHER MONETARY RELIEF WILL BE LIMITED IN THE AGGREGATE TO AMOUNTS ACTUALLY PAID TO TWE IN COSTS RELATED TO THE LOYALTY PROGRAM AND REWARDS IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CLAIM FIRST AROSE.
    6. THIS LIMITATION OF LIABILITY SECTION WILL BE THE SOLE AND EXCLUSIVE REMEDY AND APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, MALPRACTICE, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    7. Member further understands and agrees that all rights under Section 1542 and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing releases are hereby expressly and forever waived. The releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
    8. Member agrees to defend, indemnify, and hold harmless the Released Parties, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) Member’s use of and access to the Loyalty Program, including any data, or other content transmitted or received by Member; (ii) Member’s violation of any term of these Terms and Conditions, including without limitation Member’s breach of any of the representations and warranties above; (iii) Member’s violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) Member’s violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of Member’s use of a Loyalty Program account or other submissions made via Member’s Loyalty Program account; or (vi) any other party’s access and use of the Loyalty Program with Member’s unique login, password, or other appropriate security code. Member shall control the defense and/or settlement of the claim—unless TWE elects to defend the claim, in its sole discretion—provided that Member shall not, without TWE’s prior written approval, agree to any settlement of the claim that imposes a financial obligation or admission of liability on TWE.
    9. TWE can delay enforcing its rights under these Loyalty Program Terms without losing them. In addition, TWE’s failure to exercise its rights on any one occasion, or even on more than one occasion, does not constitute a waiver of TWE’s rights for any future occasion. All waivers must be in writing.
    10. Member agrees that: (i) the Loyalty Program will be deemed solely based in the State of California, USA. Member agrees to submit to the personal jurisdiction of the federal and state courts having jurisdiction in San Francisco County for any actions for which TWE retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights, as set forth in Section VIII below.
    11. For U.S. federal government entities, these Terms and Conditions and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
    12. Member agrees to comply with all applicable laws in connection with Member’s use of the Loyalty Program. Member further agrees not to collect or distribute content or data that violates the privacy, intellectual property rights or other proprietary rights of any third party, or for any purposes that TWE reasonably determines to be harassing, obscene, unlawful, defamatory, threatening, coercive, fraudulent, abusive or otherwise objectionable. Member is solely responsible for all user information and all other content and information that Member collects, uploads, stores, shares, maintains, or transmits through the Loyalty Program. In addition to the other restrictions outlined in these Terms and Conditions, Member will not use the Loyalty Program for any purpose that is illegal or otherwise prohibited in these Terms and Conditions. Member will not use the Loyalty Program in any manner that could disrupt, negatively affect, or inhibit other Loyalty Program Members from using the Loyalty Program, or that could damage or impair the Loyalty Program in any manner. Member will not reverse engineer any aspect of the Loyalty Program or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Loyalty Program, or attempt to circumvent any content-filtering techniques TWE employs. Member will not remove, circumvent, disable, damage or interfere with security-related features of the Loyalty Program. Member will not use or attempt to use another Member’s account without authorization. Member will not engage in any harassing, intimidating, predatory, or stalking conduct, or create false identities or impersonate any person, entity or Member, or misrepresent Member’s relationship with TWE. Member will not indicate in any manner that Member has a relationship with TWE or is endorsed by TWE without TWE’s express written consent. Member will not develop any third-party applications that interact with the Loyalty Program without TWE’s prior written consent. Member will not buy, sell, rent, lease, or offer access to a Loyalty Program account without TWE’s prior written consent.
  2. WARRANTY DISCLAIMER
    1. The Loyalty Program and all TWE/19 Crimes websites (“Services”) are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  TWE does not represent or warrant that the Services will always be secure or error-free; that the Services will always function without delays, disruptions, or imperfections; that the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; that the Services or the content are accurate, complete, reliable or current, or that the Services or the content are free of viruses or other harmful components.
  3. ARBITRATION

READ THIS SECTION CAREFULLY. IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH MEMBER CAN SEEK LEGAL RELIEF UNDER THESE TERMS AND CONDITIONS.

  1. Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, CA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Terms and Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. Notwithstanding the provision in the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to the Terms and Conditions of this Program shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The parties acknowledge that the Loyalty Program evidences a transaction involving interstate commerce. In any arbitration arising out of or related to these Terms and Conditions, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
  2. ALL CLAIMS MUST BE BROUGHT IN MEMBER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS TWE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MEMBERS. MEMBER AGREES THAT, BY ENTERING INTO THESE TERMS, MEMBER AND TWE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  3. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Francisco, California for such purpose.
  • NOTICE

Legal notices should be directed to Legal@tweglobal.com

  • INTERPRETATION

No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these Terms and Conditions.

©2024 19 Crimes, Sonoma, CA. All Rights Reserved.

 

 

 

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