TERMS OF USE

Effective Date: December 13, 2019 

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR UTILIZING ANY OF THE WEBSITES AND APPLICATIONS OF ADVOCATE.WINE, OR BY PARTICIPATING IN THE Advocate.Wine Star Referral Rewards Program (Advocate.Wine Rewards), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR PARTICIPATE IN ANY OF THE WEBSITES OR UTILIZE ANY APPLICATIONS ASSOCIATED WITH Advocate.Wine

These Terms of Use include an arbitration provision that governs any disputes between you and us. Unless you opt out as described in the arbitration provision below, this provision will:
You agree that we may provide notices, disclosures and amendments to these Terms of Use, and other information relating to Advocate.Wine Rewards by electronic means, including posting such information and materials online at Advocate.Wine.  You are hereby notified to visit our website Advocate.Wine on a regular basis to review any changes or updates which may occur to the Terms of Use and agree to be held by these updates.

These Terms of Use apply to your access to, and participation in, the Advocate.Wine Rewards Program in the United States ("Advocate.Wine"), which is operated by Advocate.Wine or by its respective subsidiaries, licensees and affiliated companies. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Advocate.Wine for other products or services. Advocate.Wine reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Advocate.Wine Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to Advocate.Wine, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in Advocate.Wine Rewards following any such changes or modifications confirms your acceptance of these Terms of Use and such changes or modifications; therefore, you should review these Terms of Use and the policies, FAQs and guidelines pertaining to Advocate.Wine Rewards frequently to understand the terms and conditions that apply to your access to and participation in Advocate.Wine Rewards. If you do not agree to these Terms of Use, you must stop accessing and participating in Advocate.Wine Rewards.

Advocate.Wine Rewards is not targeted towards, nor intended for use by anyone under the age of 21.

Please read the Privacy Statement carefully to understand how Advocate.Wine collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.


About Advocate.Wine Rewards
Advocate.Wine Rewards is a way in which Advocate.Wine  aspires to reward and thank loyal customers who purchase products from our wine business partners and share those recommendations with their social network.   Advocate.Wine Rewards members are able to earn and accumulate "Stars" as a result of your marketing efforts that can be used toward future purchases with the winery whose products you recommend.  The “Stars” you earn are for your marketing and referral services.  

Joining Advocate.Wine Rewards and Account Registration
To be eligible to join Advocate.Wine Rewards in accordance with these Terms of Use, you must register a username and verify you are 21 or older at the time you join Advocate.Wine Rewards.

How to join Advocate.Wine Rewards to begin accumulating Stars:
Visit https://advocate.wine/home.html and follow the prompts to create an account and register.

During the  Advocate.Wine Rewards registration process, you may be required to provide a  username, password, google account or gmail address, physical address, telephone number, birthday, name, and marketing preferences in order to participate in additional programs.

Earning Stars
The Rewards that are available to you through Advocate.Wine Rewards are based on the number of Stars that you earn. Stars are earned when participating products are purchased through your  Advocate.Wine recommendations made to your social, family or business network.  Star Rewards can only be used toward future purchases from the winery whose products you recommended.  

You will earn Stars based on the value of purchases made through your recommendations at the rate set by the partner winery.  This rate, determined by the winery, is between 0.05 and 0.25 Stars for every One U.S. Dollar ($1.00) the referred purchaser spends with the winery.  Each Star you earn may be exchanged for One Dollar, ($1.00) of Gift Card Credit to be utilized at the winery toward future purchases.  

Sponsored Advocates
You may become a Sponsored Advocate by requesting sponsorship from a winery.  The winery may either accept or decline your request.  The benefit of becoming a ‘Sponsored’ Advocate is to raise the limit of your Star Rewards balance from $50 to $500.  See ‘Additional Benefits of Advocate.Wine Rewards’ below.

When Stars Are Added to Your Advocate.Wine Rewards Account
Generally, Stars are automatically added to your Advocate.Wine Rewards account within twenty-four to forty-eight  (24-48) hours of earning them.  If a purchase made by any of your recommendations is voided or cancelled subsequent to Star Rewards being added to your account,  Advocate.Wine Rewards may deduct the Stars that you earned from that purchase.  Understand that there is currently a cap on how many Advocate.Wine Rewards Stars you may accumulate based on your sponsorship status.

Star Expiration
Advocate.Wine Rewards never expire and you may hold them as long as you would like, however , if you should close your account or stop participating in the Advocate.Wine Rewards program, stars earned will be non-transferrable.  

Star Redemption
Limitations to redemption of your Advocate.Wine Star Rewards  shall be determined by each individual winery.  Limitations typically will be a cap on the percent amount of the total purchase price you make in any one transaction.  For example, if an advocate winery limits reward redemption at a maximum of 25% of the purchase price, and you wish to make a $100 purchase, despite the fact that you may have $100 in star credits, you may only apply $25 toward that purchase.  An Advocate Winery can change their rate of star reward accumulation at any time.

Additional Benefits of Advocate.Wine Rewards
As an Advocate.Wine Rewards  member, you may be eligible for additional benefits.  When signing up for an Advocate.Wine Rewards account, your star rewards will be capped at 50.  If you obtain sponsorship, your star reward cap will be raised to 500.  Each Advocate Winery has the discretion to honor you as one of their sponsored Advocates.  To become a sponsored Advocate, please fill out and submit the required information from your account.  You will be identified as a sponsor on your sponsorship page should the winery approve you.  

Advocate.Wine Rewards reserves the right to change the number and type of additional benefits offered to members of Advocate.Wine Rewards in its sole discretion at any time.

Other Important Information You Should Know
These Terms of Use complement and incorporate by reference the Advocate.Wine Rewards Acceptable Use Policy, End User License Agreement, Privacy Policy and Data Security Policy.  By agreeing to the Terms of Use you also have agreed that you have read and understand these additional agreements and will abide by them at all times.

There are no participation or membership fees associated with Advocate.Wine Rewards . Stars accrued in connection with Advocate.Wine Rewards  are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Stars accrued in connection with Advocate.Wine Rewards  cannot be combined with any other offers or discounts that are applicable to the Rewards for which you are redeeming such Stars, unless otherwise expressly indicated by Advocate.Wine Rewards.

Your Stars and Advocate.Wine Rewards registered to your Advocate.Wine Rewards account and associated rewards are for personal use only and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Advocate.Wine Rewards  account that is personal to you.

Without notice to you, Advocate.Wine Rewards  reserves the right to suspend any Advocate.Wine Rewards  account and/or terminate your Advocate.Wine Rewards  account and/or your participation in Advocate.Wine Rewards  if Advocate.Wine Rewards  determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Advocate.Wine Rewards  account is unauthorized, deceptive, fraudulent or otherwise unlawful. Advocate.Wine Rewards  may, in its sole discretion, suspend, cancel or combine Advocate.Wine Rewards  accounts that appear to be duplicative. In the event that your participation in Advocate.Wine Rewards  is terminated, all accrued Stars in your Advocate.Wine Rewards account are void.  Advocate.Wine Rewards also reserves the right to suspend or remove an account for any reason that is deemed in violation of the spirit of the program.

Without notice to you, Advocate.Wine Rewards  also reserves the right to "unregister" and make ineligible for Advocate.Wine Rewards  any Advocate.Wine Rewards  account that has been inactive for two (2) consecutive years. Inactivity is defined as no Stars earned during such two (2) consecutive year period. In the event that your Advocate.Wine Rewards  account is unregistered or rendered inactive, all accrued Stars in your Advocate.Wine Rewards account are void.

Advocate.Wine Rewards  reserves the right to change, modify, discontinue or cancel Advocate.Wine Rewards  or any part of Advocate.Wine Rewards , at any time and in its sole discretion, without notice to you.

Arbitration
Please read this "Arbitration" section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of through court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Advocate.Wine Rewards or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Advocate.Wine Rewards , or your relationship with Advocate.Wine or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the date you registered for a Advocate.Wine Rewards  account.  You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Advocate.Wine Rewards, 30 West Main St.  Suite 301, Walla Walla, WA  99362.  Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not governed by state law. Any arbitration will be held in Walla Walla, WA in the United States or in another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, each party shall be responsible for their own costs of arbitration.  Each party will bear the fees and expenses of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we will not seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver.You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Governing Law
Any dispute arising from these Terms of Use or your access to or participation in Advocate.Wine Rewards  will be governed by and construed and enforced in accordance with the laws of Washington, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Walla Walla County, Washington.

Severability
If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.