Rocky Mountain Rewards
Terms & Conditions
1. The Rocky Mountain Rewards (the “Program”) is a loyalty reward program offered by Rocky Mountain Wine, Spirits & Beer (“RMWSB”, “us”, “our” or “we”; subsidiary of Walmac Inc.) to customers of RMWSB stores (the “Stores” or each individually a “Store”).
2. The Program allows persons who have completed the membership enrolment steps in accordance with the present Terms and Conditions to become Rocky Mountain Rewards members (the “Program Members” or “Members”) to collect loyalty points when making purchases in-store on regular priced, “on sale”, or “speciality” items identified from time to time by RMWSB (“Eligible Purchases”), and to redeem these loyalty points for rewards, benefits and/or rebates offered by RMWSB from time to time.
3. RMWSB may designate from time to time, partners from whom Members will be able to collect or redeem loyalty points or receive other benefits in the Program (the “Program Partners” or “Partners”).
4. Members acquire no vested right or entitlement to the continued availability of any particular reward or benefit, Program Partner or redemption level.
Participation in the Program
5. Membership is free and no initial purchase is required in order to become a Member.
6. To enroll, you must be 18 years of age or older in Alberta, or such other minimum drinking age as required by other jurisdictions where purchases may be made. At a minimum, you must provide your first name, last name, date of birth, and a valid email address or telephone number.
7. Only one loyalty rewards account (“Loyalty Rewards Account” or “Account”) is permitted per person.
8. To become a Member, simply ask a Store employee to sign you up. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of these Terms and Conditions. After completion, your Account will be identified by either your email or your telephone number.
9. The Account is the property of RMWSB and it may be revoked at any time by RMWSB in the event of breach of the Terms and Conditions of the Program by a Member, misuse or abuse of the Program by a Member, fraud, and/or any other actions deemed by RMWSB to be contrary to the Program or the interests of its Members or Partners.
10. Members cannot share their Account number and account information with anyone else. Membership benefits apply only to the individual Account holder. Account information should be protected and kept secure.
11. You must advise us immediately of any changes of Personal Information (as defined at paragraph 38 herein) including name, email address or telephone number either by asking a Store employee to update the information in-store, or by contacting us at 403-305-0096. RMWSB shall not be liable for misdirected email or mail communications, including any notices under these Terms and Conditions or any consequences thereof where your Personal Information is inaccurate or no longer valid. If we believe that some of our records are inaccurate, we may contact you to verify our records. We reserve the right to cancel any Account for which we have incomplete or inaccurate Personal Information and all points redemptions on that Account may be blocked and any points awarded may be forfeited. The submission of false or fictitious Personal Information will result in all the loyalty points accumulated on an Account being forfeited.
12. RMWSB reserves the right to refuse issuance of an Account to any person who does not follow the prescribed enrolment procedures.
13. The Membership is only available to individuals. The Membership will not be available to corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, unless written approval is received in advance from RMWSB, in its sole discretion. Loyalty points will not be awarded if in RMWSB’s reasonable opinion the merchandise purchased will be used for resale or commercial use and any loyalty points awarded on such purchases will be forfeited. If a loyalty rewards Member was awarded points for an offer or promotion in which a Member purchased product in excess of reasonable quantities, the loyalty points awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed. A Member cannot collect loyalty point on Eligible Purchase(s) if the Member is being provided another form of discount (e.g. staff or industry discounts).
14. If for any reason we believe a Member is under the age of eighteen (18), or under any other minimum legal drinking age in jurisdictions outside of the Province of Alberta where the purchases are initiated, we reserve the right to request proof of age. If such proof is not provided, all Personal Information regarding that individual may be deleted from our system and the Membership may be terminated, including the immediate forfeiture of all loyalty points.
Collection of Loyalty Points
15. To collect loyalty points following enrolment, you must make Eligible Purchases in-store. Any unauthorized reproduction or use of the Account may lead to legal prosecution and forfeiture of all loyalty points and membership in the Program.
16. The Member’s email or telephone number must be presented to the cashier in-store, before the Eligible Purchase transaction is completed.
17. Loyalty points may be awarded retroactively if email or telephone number identifying the Account is produced in-store within fourteen (14) days of the date of the original Eligible Purchase.
18. Loyalty points will be awarded at the rate of 2 loyalty points for each dollar spent on regular priced Eligible Purchases and 1 point for each dollar spent on “on-sale” or “speciality” priced Eligible Purchases. Loyalty points will be calculated by reference to the net (Eligible Purchase price less discounts if applicable) pre-tax total on each cash register receipt. A full dollar amount must be spent in order to earn loyalty points. Any amounts not equalling a full dollar, will be rounded down and will not be eligible for accumulation (e.g. for regular priced Eligible Purchase: $10.40 = 20 points; $10.90 = 20 points $11.00 = 22 points). RMWSB may offer special promotions from time to time offering additional loyalty points (“bonus loyalty points”). Such bonus loyalty points, once awarded, shall form part of the Member’s loyalty points balance (the loyalty points and bonus loyalty points collectively referred to as “loyalty points”).
19. All loyalty points awarded for an Eligible Purchase, as well as the Member’s current loyalty point balance, will be maintained on a database managed by RMWSB. A Member may check his Account balance in store, by making a request to a Store employee and providing the Account’s relevant telephone number or email address, and valid photo identification. Additionally, a Member may send a written request via email to [email protected] On occasion, bonus loyalty points will be issued for a particular purchase or activity after the purchase or activity has taken place. In this case, loyalty points will be updated on the database by RMWSB.
20. RMWSB’s standard return/exchange policy applies. In the event of a return/exchange of any Eligible Purchase, loyalty points will be deducted automatically from the Account that was used for the Eligible Purchase. The Member will be reimbursed for the Eligible Purchase price shown on the receipt and in accordance with RMWSB’s return/exchange policy. Upon the return and/or exchange of RMWSB products awarded through the redemption of loyalty points, all redeemed loyalty points will be forfeited and the Member will receive the full purchase price of the returned product.
21. All loyalty point totals, will be deemed correct unless otherwise substantiated by the Member by bringing forward evidence satisfactory to RMWSB. In the case of a discrepancy, our database shall govern. Discrepancies must be addressed in writing via email at [email protected], within ninety (90) days of the date on which the discrepancy occurred. RMWSB reserves the right to restrict redemption or put a “hold” on loyalty points for up to ninety (90) days from the date the points are posted to an Account if RMWSB has reasonable belief that fraud has occurred or in the event of a breach or suspected breach of the Terms and Conditions of this Program.
22. Loyalty points are not transferable from one Member to another. RMWSB may, however, in its sole discretion allow the transfer of loyalty points in accordance with the “transfer points” terms and conditions posted from time to time, which may eventually be posted on the Website.
23. Loyalty points are reduced to zero upon closure of the Membership.
24. Upon the death of a Member, the Member’s account will be closed and any loyalty points in the account will be forfeited. Loyalty points are not divisible in the case of divorce.
25. Should any Member not collect loyalty points or redeem loyalty points for twenty four (24) consecutive calendar months, the membership will be deemed to be inactive and all accumulated loyalty points will be forfeited. If a Member’s only activity in twenty four (24) consecutive calendar months consists of transferring points under any loyalty promotion in existence from time to time, the membership will be deemed inactive and all accumulated loyalty points will be forfeited.
Redemption of Points
26. Loyalty points may be redeemed for rewards consisting of a predetermined dollar discount reward off a purchase in-store, in accordance with the loyalty points redemption schedule in force on the date when the loyalty points are redeemed by the Member (“Redemption Transaction”). The loyalty points redemption schedule may change from time to time, and can be accessed by request in-store, via email submission to [email protected], or by visiting www.rockymountainwinespiritsbeer.com. There is a maximum number of loyalty points that may be redeemed in any single Redemption Transaction. Points will not be awarded on the portion of the Redemption Transaction paid for by redemption of loyalty points. Below is the current Redemption Schedule:
300 points $5 off
550 points $10 off
800 points $15 off
1,300 points $25 off
1,800 points $35 off
2,500 points $50 off
5,000 points $100 off
From time to time, special promotions may be run during which one or more redemption level(s) may temporarily be altered and/or suspended, new redemption levels added or points may be redeemed directly towards the purchase of specific products or services. RMWSB may, from time to time, offer supplementary programs, rewards, benefits or promotions related to the Program.
From time to time, RMWSB may advertise or offer exclusive offers to select Members to redeem loyalty points on special items, or receive other benefits or discounts.
27. In-store: In accordance with Federal and Provincial tax legislation, GST, PST, HST and any other applicable taxes are calculated and payable by the Member on the full amount of the purchase price of the item subject to a dollar discount reward during a Redemption Transaction.
28. Subject to paragraph 31, a Member’s loyalty points balance will be reduced by the number of points required to obtain the desired point redemption level. Unredeemed loyalty points plus any loyalty points awarded in the current Redemption Transaction will remain in the Member’s Loyalty Rewards Account and can be applied to a subsequent Redemption Transaction.
29. Loyalty points can only be redeemed if the required point redemption level is acquired prior to the Redemption Transaction. A Member may not make more than two redemptions, at any reward level, within one day. Only one redemption is available per Redemption Transaction.
30. When redeeming loyalty points, RMWSB will automatically select the maximum eligible loyalty point redemption level available. Alternatively, you may select a different eligible redemption level by informing the cashier prior to the Redemption Transaction. In either case, your Account must have the appropriate number of loyalty points. For example, if you have accumulated 900 loyalty points, the maximum redemption level available is 800 loyalty points. However, you may elect to redeem only 550 points on a $30.00 transaction; in this case the reduction off the purchase price will be $10.00.
If the purchase price is lower than the redemption value of the points, the remaining dollar value will be forfeited. For example, if you have accumulated 800 loyalty points and wish to redeem all these points on a transaction with a purchase price of eligible products of $11, then the maximum reduction off the purchase price will be $15.00 and the difference between the $15.00 maximum reward discount and the $11.00 purchase price, will be forfeited. (This example is based on the current redemption schedule referenced above.)
31. Products and services eligible for loyalty point redemption will be posted on the Website and updated on a periodic basis, RMWSB may also communicate the foregoing via email, which will be sent to those Members who have provided a valid email address.
32. Redemption Transactions can be made in-store.
33. Loyalty points may not be collected or redeemed by any person other than the loyalty rewards Member. A Member must present his/her Personal Information and valid photo identification when redeeming loyalty points to protect the integrity of the Member’s points balance. Each Member is responsible to ensure that all Personal Information is correct and up-to-date and RMWSB reserves the right to block redemptions where the Personal Information is inaccurate or incomplete. Members are entirely responsible for keeping their Account secure.
34. You must notify RMWSB immediately if you become aware that some other person, or entity, has gained access to the Account (e.g. identity theft), and provide updated information to prevent any third party from using your Account. If the Account is used by any party other than a Member, without the willful knowledge of the Member and beyond the Member’s control (e.g. identity theft), all loyalty points relating to purchases made by such other person will be credited to the Member’s Account. RMWSB assumes no liability or responsibility for loyalty points redeemed by any third party(s) prior to the notification to RMWSB by a Member that a third party is/has or may use the Account beyond the control of the Member (e.g. identity theft). Any loyalty points redeemed prior to notification shall be at the Member’s risk.
35. RMWSB will not be liable or responsible in any manner for any tax consequences or any charge imposed by or with the authority of any government, which may flow from any participation in the loyalty rewards program.
36. Loyalty points have no cash value and are not exchangeable for cash. Except as permitted from time to time by RMWSB, loyalty points cannot be assigned, exchanged, sold, traded, bartered, purchased or given by gift or otherwise sold. Any loyalty points so acquired are void. The accumulation of loyalty points does not entitle the Program Members to any vested rights, and RMWSB and/or the Program Partners do not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. RMWSB assumes no liability to Members as regards the addition or deletion of Program Partners or of items for which loyalty points can be collected and/or redeemed.
37. We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).
We collect your Personal Information for the following purposes:
· to set up and administer the Program including ongoing management of loyalty Accounts, and to accurately record points and update point balances;
· to process redemptions and issue rewards;
· to communicate with Members;
· to send Members a Notice of Termination in compliance with the present Terms and Conditions;
· to understand Members’ shopping and information needs and preferences, and to offer Members relevant information, products, services and rewards to meet those needs and interests, and to measure the effectiveness of promotions and programs; and
· to provide Members with special offers and rewards from RMWSB and the Program Partners.
By providing your Personal Information to us, you consent to our use of the information for the purposes specified above.
38. On occasion RMWSB may collect additional personal information from Members on a voluntary basis through questionnaires or other methods. The loyalty rewards membership status of any Member who does not wish to participate will not be affected.
39. All membership information will be used solely as disclosed herein and will not be sold or rented to any other organization. Personal Information will not be used or disclosed for purposes other than those for which it was collected, except with your consent or as required by law.
40. The personal information that you provide to RMWSB as a Member may be transferred to third party service providers or strategic business partners for market research; to determine product and shopping preferences; and to make recommendations of products, services or other benefits in order to enhance your customer experience.
41. In the event that RMWSB transfers personal information to any third party, a contract containing appropriate privacy protection terms will be in place before any information is transferred. These terms will provide that the third party will not use the personal information for any other purpose than that agreed with RMWSB and will keep the personal information secure.
42. You have the right to know what information is held in your Member file and the right to challenge the accuracy and completeness of your information and have it amended as appropriate. To request access to your file, a written request should be sent to:
Rocky Mountain Wine, Spirits & Beer
#5 225 58th Ave SE
Calgary, Alberta, T2H 0N8
Email: [email protected]
43. Member information is stored in RMWSB’s confidential databases located in Calgary, AB. Access to this information will be restricted only to authorized personnel of RMWSB, its agents, Program Partners or service providers for the purpose of carrying out the Program.
44. By sharing your email address as an active customer and loyalty rewards Member, RMWSB Program Partners or service providers may communicate to you special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by contacting customer service at [email protected], by requesting the change at your local store, or by clicking unsubscribe at the bottom of any promotional email.
45. The Program will continue indefinitely, until such time RMWSB chooses to terminate it for any reason whatsoever, including but not limited to, RMWSB discontinuing business operations, filing for restructuring, or bankruptcy proceedings. The Members will be provided no less than three (3) months written notice of the termination date during which time the Members will be obligated to redeem all previously accrued loyalty reward points. Any loyalty reward points left unredeemed as of the termination date set out in the notice, will be forfeited, there will be no cash redemption for the outstanding points, and the Members will have no further recourse against RMWSB.
If RMWSB gives a written notice of termination, it may, in its sole discretion, establish a replacement program, and transfer any unredeemed loyalty rewards points to that replacement program.
46. If events beyond RMWSB’s control materially affect RMWSB’s ability to operate the Program, the Program may be suspended or terminated without notice.
47. Your acceptance of the Terms and Conditions on-line and/or first-time usage of a an Account constitutes your (Member’s) agreement to all the Terms and Conditions of the Program.
48. Any abuse by a Member of the Program’s privileges, any failure by a Member to follow the Program’s Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated loyalty points.
49. Every effort has been made to ensure that the information herein is correct. RMWSB is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
50. Any waiver by RMWSB of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of RMWSB as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by RMWSB in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
51. Save for Québec Members, by redeeming loyalty points for rewards, the loyalty rewards Member releases RMWSB and the Program Partners from any and all liability and claims regarding the redemption and use of the reward and any loss or damage caused by goods and services supplied as a reward.
52. Save for Program Members who reside in the Province of Québec, these Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein. Save for Program Members who reside in the Province of Québec, all Members attorn to the jurisdiction of the Province of Alberta. RMWSB has the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Program.
53. Save for residents of Québec, Members agree that RMWSB will not be responsible for any reward, rebate or any other benefit provided by a Program Partner or any other third party participating in the Program and as such, releases RMWSB, its parent, affiliates, divisions, related companies, and all of our and their respective officers, directors, owners and employees, (collectively “Releases”) from any and all liability and claims arising from or connected to such reward, rebate or benefit, including the collection, redemption and use thereof as well as any loss or damage caused by such reward, rebate or benefit. RMWSB or any of the above-mentioned Releases shall not be responsible for any delay in the shipping of rewards. SAVE FOR RESIDENTS OF QUÉBEC AND TO THE EXTENT PERMITTED BY LAW, ALL ASPECTS OF THE PROGRAM AND EVERYTHING ON ANY PROGRAM PARTNERS’ SITE IS PROVIDED “AS IS” WITHOUT ANY CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
54. By participating in this Program, you agree that: (i) you will contact us directly and give us the opportunity to try to resolve any and all disputes before you take any action in court, or otherwise; (ii) except for Program Members who reside in the Province of Québec, any and all disputes, claims and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action; (iii) any and all claims, judgments and awards shall in no event include legal fees; and (iv) except for Program Members who reside in the Province of Québec and to the extent permitted by Law, under no circumstances will Member be permitted to obtain awards for, and Member hereby waives all rights to claim 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.
55. In the event that any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.