Penn Brewery Mug Club Complete Terms and Conditions
These Terms and Conditions Were Last Updated December 19, 2016. PLEASE READ CAREFULLY. By registering for the Penn Brewery Mug Club Program, you agree to the following Terms and Conditions. These Terms and Conditions are subject to change from time to time.
The Penn Brewery Mug Club is referred to as “The Program”; Penn Brewery is referred to as “The Sponsor”; A Program Member is referred to as “Member”.
· The Program is open to legal residents of the 50 United States (including the District of Columbia) who are 21 years or older at the time of enrollment. The Program is void where prohibited by law. Sponsor is not liable to or for any Member who submits false information as part of the registration system or otherwise.
· Memberships are valid only for individuals. Memberships may not be shared, sold, or exchanged. Doing so will result in a disqualification of the Member from the Program.
Duration of Program
The Program will begin on December 1, 2016 at 12:00:01 a.m. Eastern Time and will run indefinitely until the program is terminated by the Sponsor or termination is required by law. Sponsor reserves the right to suspend, modify, or cancel the Program, at its discretion, at any time. Any changes to conditions, terms, or content of program will be communicated to Members via an e-mail notification and posting at www.pennbrew.com. Sponsor is not responsible for the failure of any Member to receive notifications.
· The term of membership is one (1) calendar year from the date of enrollment.
· Enrollment fee is non-refundable and non-transferable.
Enrolling in the Program
Members may enroll in the Program by completing an application and submitting payment at Penn Brewery Restaurant. An official membership card will be issued upon enrollment.
Using Your Membership Benefits at Penn Brewery
· To use membership benefits, the Program Member must present his or her Mug Club membership card to his or her server when placing a beer order or purchasing Penn merchandise in the restaurant. The Member will also be asked to show personal identification ID (driver’s license or other government-issued ID). Membership benefits will be provided only to the valid Mug Club Member, not the remaining members of his or her party. Additionally, the Member will not be provided with membership benefits without first presenting a valid membership card and ID.
· 20-oz. beer serving and pricing are available only to paid Program Members. Pursuant to the Pennsylvania Liquor Code, the Program beer discounts will not be available between Midnight and 7 a.m. Penn reserves the right to restrict the number of 20-oz. beers or any other alcoholic beverages served to each Member in the interest of promoting responsible alcohol consumption.
· Penn Brewery will offer Mug Club Members the exclusive chance to sample new small-batch beers in advance of the general public on a monthly basis. Members will be notified via e-mail a minimum of one week in advance of Members-only small batch beer preview events. Sponsor is not responsible for Members not receiving notifications for any reason, nor does Sponsor bear any responsibility if Members are unable to attend any of these preview events on the scheduled and announced date and time.
· Penn Brewery will send an e-mail reminder to each Member on or around the one-year anniversary of the Member’s enrollment date. The Member will receive his/her anniversary reward at Penn Brewery Restaurant upon presenting a copy of said e-mail to his/her server. Sponsor is not responsible for Members failing to receive notifications for any reason.
• Sponsor will send an e-mail notification to the respective Member when the Member accumulates 12 separate visits to Penn Brewery within his or her current year of membership, at which time the Member is entitled to a complimentary (up to $60) private dinner in Penn's beer cave adjacent to the Biergarten. Member's "visit balance" may not be carried over into a successive year(s) of membership. Only one visit per 24-hour period will be counted toward the total of 12 visits, and Member must purchase food and/or beverage at each visit. The Member is required to call the restaurant at 412-237-9400 x-120 to make an advance reservation for the complimentary dinner. Sponsor does not guarantee reservation availability for any specific date. Sponsor is not responsible for Members not receiving notifications for any reason.
Penn Brewery Restaurant Rewards Account Maintenance/Termination
· Each Member is responsible for ensuring the accuracy of his/her enrollment data. Each Member is responsible for ensuring that the personal information associated with his/her account is accurate and up to date. Changes to accounts or account information may only be made by the Member to whom the account belongs.
Modifications and Termination of the Program
· Sponsor reserves the right to suspend, modify, or cancel the Program, for any reason, at its discretion, at any time. Any changes to conditions, terms, or content of program will be communicated to Members via an e-mail notification and posting at www.pennbrew.com. Sponsor is not responsible to or liable for any Member who does not receive said notifications. No refunds will be issued in the event of Program termination.
· A Member’s continued participation in the Program constitutes the Member’s acceptance of any changes to these Terms and Conditions. Members are responsible for remaining knowledgeable of any changes that Sponsor may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at the Website and will supersede all previous versions of these Terms and Conditions.
Membership Rules and Regulations
· All program rules are subject to the Pennsylvania Liquor Code, and the rules and regulations of the Pennsylvania Liquor Control Board.
· Sponsor reserves the right to discontinue the membership privileges of any Member who engages in any fraudulent activity, uses the Program in a manner inconsistent with these Terms and Conditions or with any federal, state or local laws, statutes or ordinances. Discontinued membership privileges will result in the loss of all accumulated points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
· The Program is provided to individuals only. Corporations, associations or other groups may not participate in the 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.
· Sponsor is not responsible for any incorrect or inaccurate information supplied by any Member participating in the Program.
· All questions or disputes regarding eligibility for the Program, collecting or redemption of points, or a Member’s compliance with these Terms and Conditions will be resolved by the Sponsor in its sole discretion.
Limitation of Liability
· The Sponsor is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Program’s website or mobile application or online service, or for any other technical or nontechnical error or malfunction. In the event of a printing error, Sponsor, its related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials (“Releasees”) shall not have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SPONSOR IMPROPERLY DENIES A MEMBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE ANNUAL MEMBERSHIP FEE. BY PARTICIPATING IN THE PROGRAM, A MEMBER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. The Releasees, and each of their officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any use of misuse of rewards, including the obtaining of any products or services offered by or through use of the rewards distributed through the Program. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE PROGRAM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Program Members agree to rely solely on the manufacturer's warranties, if any, for any products redeemed in connection with the Program.
· As a condition of participating in this Program, each Member agrees that, to the maximum extent permitted by applicable law, 1) any and all disputes, claims and causes of action arising out of or connected with this Program or any reward shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Pennsylvania (Pittsburgh Division) or the Court of Common Pleas of the Commonwealth of Pennsylvania located in Allegheny County, Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Program, but in no event attorneys’ fees; and (3) under no circumstances will the entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim or receive indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of a Member and Sponsor in connection with the Program shall be governed by, and construed in accordance with, the laws of Pennsylvania without giving effect to any choice of law or conflict of law rules (whether of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Pennsylvania.
· These Terms and Conditions constitute the entire agreement between Program Members and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
· If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.