MIDTOWN SPIRITS LOYALTY REWARDS PROGRAM
TERMS AND CONDITIONS
Last updated: October 1, 2024
Mac Spirits, LLC (“Program Sponsor”) has chosen to administer a Rewards Program available to any
customer choosing to sign-up for the program. Mac Spirits, LLC requires that all Participants comply with
all terms and conditions set forth below. The Terms and Conditions (as defined below) are
between you and Mac Spirits, LLC (referred to as “Midtown Spirits” “we”, “us”, “our” and “Provider”, as
applicable) provide the Rewards Program and Rewards Program Website to you strictly subject to these
Rewards Program Terms, the Privacy Policy, Terms of Use (collectively, the “Terms and Conditions”).
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THE REWARDS PROGRAM. BY
PARTICIPATING IN THE REWARDS PROGRAM OR YOU WILL HAVE INDICATED YOUR
ACKNOWLEDGMENT AND AGREEMENT TO BE GOVERNED BY EACH TERM, CONDITION, AND
DISCLAIMER IN THE SERVICE AGREEMENTS. IF YOU DO NOT AGREE TO THE TERMS, CONDITIONS AND
DISCLAIMERS IN THE SERVICE AGREEMENTS, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE
REWARDS PROGRAM.
1. Definitions
“Contact Address” means P.O. Box 2265, Mountain Home, AR 72654, Attn: Rewards
Program.
“Participant” means a person or entity participating in the Rewards Program.
“Points” means intangible personal property points provided by Mac Spirits to Participants under the
Rewards Program that are redeemable for Rewards.
“Rewards” means the rewards gifts and/or discounts offered from time to time for which Points may be
redeemed in the Rewards Program.
“Rewards Program” means that rewards and incentive program administered by
Mac Spirits LLC.
2. Terms and Conditions Subject to Change
We may add to, remove and/or reduce, terminate, or modify all or any portion
of the Service Agreement(s) at any time in our sole discretion and without notice
to you. Changes made will become effective from the “Last Updated” date at the
top of this page or by writing to our Contact Address. You are responsible for
making sure you have the most current version of all Terms and Conditions.
Terms and Conditions may be amended only by us as described above, and not
through any course of dealing or oral communications. Our acceptance, debit, or
deposit of any payment made by you to us or notation on any document sent by
you to us does not constitute an amendment of any Service Agreement by us.
3. Eligible Participants; Obligations of Participants
Only United States legal citizens who are 21 years of age or older may participate in the
Rewards Program. Mac Spirits, LLC reserves the right at any time to further limit
participation in the Rewards Program.
Participants must only participate in the Rewards Program if and to the extent
such participation is permitted by such laws, rules and regulations. Mac Spirits, LLC may
refuse to enroll a Participant, or to restrict, modify or terminate a Participant's
participation in the Rewards Program, without liability to the Participant or any
other party, if a Participant violates any law, rule or regulation, or if a
Participant's participation in the Rewards Program could violate any law, rule or
regulation. Participants agree to comply with all applicable laws, rules and
regulations when accessing and participating in the Rewards Program.
Participants must provide accurate and true information to Mac Spirits, LLC at all times
and must promptly notify Mac Spirits, LLC of any change in email or cell number by updating their
personal information at the store.
To view and access Rewards and to redeem Points for available Rewards, you
must have and maintain an operational email account able to receive notices
and correspondence relating to the Rewards Program.
Participants must not abuse Rewards Program privileges by engaging in conduct
that is detrimental to Midtown Spirits or the Program Sponsor, including, without
limitation, attempting to earn Points or redeem Points through fraudulent or
unethical means, or in a manner inconsistent with or contrary to the Terms and
Conditions. If you attempt to abuse the Rewards Program, or fail to comply with
the Terms and Conditions, Mac Spirits, LLC, without limitation, cancel and void all
Points and related certificates, terminate your participation in the Rewards
Program. Mac Spirits, LLC shall be the sole arbiter in cases of suspected abuse,
fraud or violation of its rules and any decision it makes relating to termination of
participation (including cancellation of Points) shall be final and binding.
4. Redemption of Points
All Points are earned and recorded at the Point of Sale system electronically at time of purchase at
Midtown Spirits located at 611 Hwy 62 East Mountain Home, AR 72653, and Participants my ask a
cashier to provide a total of the number of points they have earned during regular business hours.
Points are redeemed through the Rewards Program at the POS stations at Midtown Spirits for items
indicated by Mac Spirits as being available for the redemption of rewards. Points may be redeemed only
for Rewards offered by Midtown Spirits that are available at the time of redemption. POINTS MAY NOT
BE REDEEMED FOR CASH, CHECK OR CREDIT. POINTS HAVE NO CASH VALUE. At the time of redemption,
Participants may be asked for identification suitable to Midtown Spirits in its discretion. ALL POINTS
EXPIRE ONE YEAR FROM THE FIRST DAY OF THE MONTH IN WHICH THE POINTS WERE ISSUED AND UPON
SUCH EXPIRATION BECOME VOID, UNLESS OTHERWISE STATED ON A CERTIFICATE, OR NOTIFIED TO YOU
IN WRITING. NO REPLACEMENTS WILL BE MADE FOR LOST, STOLEN OR DAMAGED CERTIFICATES.
Points will be subtracted from a Participant's account once a Reward is requested, and any certificates
representing those Points will become void once redeemed. A Participant may not cancel the order or
substitute another Reward for the one ordered except as otherwise provided in these Rewards Program
Terms. No refunds of Points will be made for any reason. If you reverse a transaction made with or
purchased with your Rewards Points, no rewards points will be reissued.
5. Product Exchanges
No product returns or exchanges will be made for any products. All sales are final for all participants in
the Loyalty Program whether using points obtained participating in the Midtown Loyalty Program or
other payment arrangements. No returns or exchanges will be accepted for any reason. No Points will
be refunded or redeposited.
6. Rewards Subject to Availability and Provider Requirements.
Midtown Spirits strives to maintain adequate inventories of Rewards. However, items
are occasionally discontinued or unavailable. You may only use Points for Rewards that are currently
available and are flagged as being available for redemption of Rewards Points, to be determined by
Midtown Spirits at it’s discretion. Certain Rewards may only be available for specific time periods. Some
Rewards may have additional terms and conditions specific to such Reward and are subject to change at
the sole discretion of Midtown Spirits. Midtown Spirits reserves the right to replace any Reward item
ordered with an item of equal or greater value (as determined by Midtown Spirits). Midtown Spirits also
reserves the right from time to time to increase the number of Points required for certain
items and to correct any errors in the Rewards Program or on the Rewards Program Website without
notice. When you use or redeem Points to receive Rewards, you release us and all of our
affiliates from any and all liability for your use of Points, for your use of the Rewards, and for your
participation in the Rewards Program.
7. Non-Transferability of Points
Points may not be transferred voluntarily or involuntarily to any other person or
account. Points are void if transferred. Points may not be sold, bartered or
exchanged. Additionally, Points cannot be transferred by operation of law,
including, without limitation, by inheritance, in bankruptcy or in connection with
a divorce.
9. Termination of Accounts; Discontinuation of Rewards Program
If a Participant objects to any portion of the Terms and Conditions, or any
subsequent modifications thereto, or become dissatisfied with the Rewards
Program, the Participant's only recourse is to immediately discontinue
participation in the Rewards Program. At such time, all Points will be forfeited.
Midtown Spirits reserves the right to terminate any Participant's account if that
Participant has been inactive for any given period of 12 consecutive months. A
Participant shall be considered “inactive” for such time as the Participant has not
added Points or certificates for Points to the Participant's account or redeemed
Points for rewards. Upon termination of an inactive account, the accrued Points
will be canceled. Midtown Spirits reserves the right to change, modify or discontinue the Rewards
Program with or without notice to the Participant. Midtown Spirits shall not be liable to
the Participant should Midtown Spirits exercise its right to modify or discontinue the
Rewards Program.
11. Disclaimer of Warranties Specific to Rewards Program
YOU EXPRESSLY AGREE THAT YOUR USE AND PARTICIPATION IN THE
REWARDS PROGRAM IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT
THE REWARDS PROGRAM IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE, THE PROGRAM SPONSOR, AND OUR LICENSORS
AND VENDORS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
OR FOR ANY INFORMATION OR CONSEQUENCES RESULTING FROM
YOUR USE OF THE REWARDS PROGRAM. MOREOVER WE, THE
PROGRAM SPONSOR, AND OUR LICENSORS AND VENDORS ARE NOT
RESPONSIBLE FOR ANY TECHNICAL ISSUES EXPERIENCED BY YOU. WE,
THE PROGRAM SPONSOR, AND OUR LICENSORS AND VENDORS MAKE
NO AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE PROGRAM, INCLUDING THE WARRANTY OF TITLE AND
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, WE, THE PROGRAM SPONSOR,
AND OUR LICENSORS AND VENDORS DISCLAIM ANY WARRANTIES
REGARDING THE OPERATION, PERFORMANCE OR FUNCTIONALITY OF
THE REWARDS PROGRAM (INCLUDING, WITHOUT LIMITATION, THAT
THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR
FREE). YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN
SECURITY, CORRUPTION, TRANSMISSION ERROR AND ACCESS
AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH
AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS.
YOU HEREBY ASSUME ALL RISKS RELATING TO THE FOREGOING.
12. Limitation of Liability Specific to Rewards Program
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL,
RELATING TO THE REWARDS PROGRAM, THE PRODUCTS FOR WHICH
POINTS ARE REDEEMED, OR ANY CONSEQUENCES FLOWING
THEREFROM OR RELATED THERETO, INCLUDING LOST PROFITS. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MIGHT NOT APPLY TO YOU.
OUR LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY
YOU AND ONLY TO THE EXTENT SUCH DAMAGES ARE A DIRECT RESULT
OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; PROVIDED
THAT THE MAXIMUM AGGREGATE LIABILITY OF US AND OUR
DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES AND
AGENTS RESULTING FROM ANY SUCH CLAIMS, EITHER JOINTLY OR
SEVERALLY, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). This
limitation of liability is a bargained-for exchange in connection with our
permitting your participation in the Rewards Program.
We are not responsible for any damages or losses that result from participating
or being unable to participate in the Rewards Program, or reliance on or use of
information, services or merchandise provided on or through the Rewards
Program. We are not responsible for any actions, representations or omissions of Program
Sponsors. No third party, including without limitation any Program Sponsor, shall
have the authority or ability to change any term or condition of the Rewards
Program, and Participant shall have no right to rely on any information from any
third party with respect to the actual terms and conditions of the Rewards
Program. Participants acknowledge and agree that Midtown Spirits neither endorses the contents
of Program Sponsor advertisements or websites, nor assumes responsibility or
liability for the accuracy of material contained therein, or any infringement of
third party intellectual property rights arising therefrom, or any fraud or other
crime facilitated thereby. Midtown Spirits is not responsible and assumes no liability for any changes or
discontinuances of services from providers, which may affect offers or the accrual of Points.
ALL CLAIMS ARISING FROM THESE REWARDS PROGRAM TERMS MUST BE
BROUGHT WITHIN NINETY (30) DAYS AFTER THE EVENT GIVING RISE TO THE
CLAIM OCCURRED.
13. Tax Consequences
Participants are responsible for the tax consequences, if any, of their
participation in the Rewards Program, and specifically the issuance, use, and
redemption of Points. Midtown Spirits does not make any representations or warranties
regarding any tax implications arising from the receipt of Points, the redemption
of Points or participation in the Rewards Program. If the receipt of Points, the
redemption of Points or participation in the Rewards Program results in any
income tax or other tax liability to a Participant, all such tax liability will be borne
by the Participant. Midtown Spirits disclaims all responsibility for any such taxes.
14. Force Majeure
In no event shall Midtown Spirits be liable or responsible for any breach, default, or delay
in the performance of any of its obligations in connection with the Rewards
Program occasioned by occurrences or contingencies considered “force
majeure” including, but not limited to, delay caused by inability to obtain
transportation, inability to obtain materials, delay in transit from a manufacturer
or supplier or failure to make delivery by a manufacturer or supplier, shortage of
fuel, failure of technology, failure of sources of supplies, breach or default by a
supplier, strike, lock out, labor disputes, disasters, fire, flood, accident, invasion,
riot, war, revolution, embargo, restraint, acts of God, disease, epidemic, public
health crisis, substantial increases in the price of goods, materials, parts,
supplies, shipping costs, customs duties, taxes or other costs, failure of electronic
equipment, software and/or Internet service, the value of the Chinese Yuan or
other Chinese currency no longer being tied to the value of the United States
dollar, demand of the United States or any other government, failure of
Participant to perform its obligations under these Rewards Program Terms, or
any other cause or contingency beyond Midtown Spirits control which shall prevent or
materially impair Midtown Spirits from performing in the normal and usual course of its
business in a profitable fashion.