Casa De Montecristo Rewards Terms and Conditions
Effective as of August 1,2020
Welcome to the Casa de Montecristo Loyalty Rewards Program (“Rewards Program”), a program that allows you to accrue points toward discounted products and services and special rewards by patronizing participating United States (“U.S.”) Casa de Montecristo smoking lounges and retail outlets (“Participating Lounges”) and engaging in other qualifying activities. The Rewards Program is 100% free, and a great way to get rewards for doing something you already enjoy!
It is important that you read these entire Rewards Terms, which you accept when you participate in the Rewards Program. However, here are some of the highlights:
- Points and other Rewards are subject to expiration, forfeiture and termination, have no cash value and you have no property or other interest or right to them, and may not transfer or encumber them.
- Casa de Montecristo may change Points and other Rewards accrual and redemption terms, unless we have specifically committed otherwise in writing (e.g., limited time promotions). Please check the Rewards Schedule attached hereto as Exhibit A regularly for current details.
- Casa de Montecristo may terminate your membership, or the Rewards Program, in which case Points and other Rewards are forfeited.
- Limited to U.S. residents, 21 years or older, void where prohibited, and subject to eligibility requirements and program terms, conditions and limitations.
- Does not apply to cigarettes, smokeless tobacco or alcoholic beverages.
- Identification may be required to redeem Rewards.
- YOU CONSENT TO OUR PRIVACY PRACTICES AND AGREE TO LIMITATIONS ON YOUR REMEDIES AND OUR LIABILITIES AND TO ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER.
Each time you participate in the Rewards Program (other than to merely access and read these Rewards Terms), you agree to be bound by and comply with then current Rewards Terms, and any applicable Rewards Additional Terms, subject to Section 12 hereof. Do not participate in the Rewards Program, and cancel your Rewards Program Account, if you do not agree to any of these Rewards Terms. Any previous participation will continue to be governed by the Rewards Terms, including any applicable Rewards Additional Terms, in place at the time of such participation.
You may click on the following Table of Contents headings to navigate to that section:
- Accounts and Rewards Program Service
- Accruing Points
- Qualifying Products, Purchases and Activities
- Points and Other Rewards
- Member Communications
- Membership Cancellation and Termination
- Dispute Resolution and Class Action Waiver
- General Rewards Program Information
- Updates to Rewards Terms
- Accounts and Rewards Program Service
To participate in the Rewards Program, you must complete the Rewards Program account (“Account”) registration process, which may be done at a Participating Lounge, online at www.casademontecristo.com, or in such other manner as we may offer. Registering an Account is not required to make a purchase and the Account registration process (including, without limitation, the collection of your personal information) is separate from any purchase transaction you may make at or around the same time.
You are not permitted to share your Account, Account credentials or Account access, or Rewards/Gift Certificates (defined below) with others and are solely responsible for any third party Account access or activities, including any unauthorized Rewards redemptions. You agree to keep your Account information current and to secure your Account credentials and log-in information. You should alert us at firstname.lastname@example.org if there is suspected unauthorized access to or misuse of your Account, but will remain solely responsible for any unauthorized use or misuse.
You may view your Rewards Program activity, and manage your Account, through the Rewards section of www.casademontecristo.com (“Rewards Site”). From time-to-time we may provide you with other ways to access, update and use your Account.
We offer you the ability to participate in the Rewards Program through the use of the Rewards Site. The Rewards Site may offer you certain features and services that allow you to manage your Account. These features and services may include the ability to: update or close your account, check your Reward balance, and see your credited purchase history. Some features of the Rewards Program (including the Rewards Site and its supported platforms, websites, mobile apps or other services) (collectively, “Rewards Program Service”) may change from time-to-time and be discontinued without notice. Use of a feature constitutes your consent to all feature functionality, including data collection and use. The Rewards Program Service may provide you with settings to activate or deactivate some features and functionality.
Unless otherwise provided in these Reward Terms or any applicable Rewards Additional Terms, you must use the Rewards Program Service to accrue or redeem Points, Rewards Program Discounts (defined below) or other Rewards or Reward Offers (defined below). Points, Rewards Program Discounts and other Rewards are limited to your Qualifying Purchase (defined below) of Qualifying Products (defined below) at any of the Participating Lounges, or as otherwise may be set forth in applicable Reward Offers or otherwise in applicable Rewards Additional Terms (e.g., Rewards received for engaging in Qualifying Activities (defined below) such as social media or other promotional activities).
We may offer Rewards in the form of digital point(s) accrued as a result of a Qualifying Purchase (“Points”) at Participating Lounges. Points have no cash or property value or equivalency even if they accumulated based on amounts (i.e., Dollars) spent, or they may be redeemed for certain “Dollars off” of a purchase. How many Points you can accrue, for what and when, and what the Points can be redeemed for and when (“Accrual and Redemption Opportunities”) may vary from offer-to-offer, subject to the terms and conditions of applicable Rewards Additional Terms, set forth in the applicable Reward Offer, and as otherwise stated in Rewards Additional Terms. Please check our Rewards Schedule (which is a form of Reward Additional Terms), attached as Exhibit A hereto, regularly for current details. Accrual and Redemption Opportunities may change from time-to-time, and from location to location, except to the extent specifically provided in applicable Rewards Additional Terms (e.g., certain terms offered for a limited promotional period).
Accrual of Points is limited to your purchase of Qualifying Products at any of the Participating Lounges, or as otherwise may be set forth in applicable Rewards Additional Terms (e.g., Rewards received for engaging in Qualifying Activities (defined below) such as social media or other promotional activities). Where Points are based on Dollars spent, the applicable calculation will be based on the post-discounts net price you pay for the Qualifying Product, excluding taxes and other charges, and are subject to forfeiture or adjustment if you return or exchange the underlying product. Other restrictions may apply. We may choose to offer, in a manner not inconsistent with applicable law, incentive programs such as double Points, to certain, but not all, Rewards Program members. We reserve the right to forfeit or adjust Points if we cannot verify, to our sole satisfaction, the underlying Qualifying Purchase or other Qualifying Activity for the member claiming them, or in the event we suspect fraud or a violation of these Rewards Terms or applicable Rewards Additional Terms.
When making a Qualifying Purchase and a Participating Lounge, you typically need to provide your mobile telephone number at the time of purchase, which is at your option and not a condition of purchase. You acknowledge that the processing of your telephone number for Point accumulation at point-of-sale shall be deemed a separate process and transaction from the processing of your payment method in connection with a purchase. We may offer you other ways to register a Qualifying Purchase to accumulate points. Points that are the subject of any confirmation notice are still subject to adjustment by us.
For more information on current Points Accrual and Redemption Opportunities, check the Rewards Schedule, attached as Exhibit A hereto, and see any other then available Reward Offers and Rewards Additional Terms.
- Qualifying Products, Purchases and Activities
You may typically have the ability to accrue Points for every Dollar you spend at Casa de Montecristo Participating Lounges, on post-discount cash amount actually paid for then qualifying products (“Qualifying Products”), excluding amounts paid for tax and service charges. Typically, Qualifying Products do not include cigarettes, smokeless tobacco, alcoholic beverages or any other products we may designate or if required to comply with applicable law. From time-to-time we may change what items are Qualifying Products, so check applicable promotions, Reward Offers and the Rewards Schedule and other Rewards Additional Terms for details.
Points will only be issued for purchases of Qualifying Products at Participating Lounges that meet all the terms, conditions and requirements of these Rewards Terms and applicable Reward Offer terms and Reward Schedule and other Rewards Additional Terms at the time of purchase (“Qualifying Purchase”). Purchases made prior to becoming a Reward Program member do not count for receiving Points or Rewards. Other exclusions to Qualifying Purchases may apply. Check applicable Rewards Additional Terms for details.
Occasionally we may offer a way to receive Points or Rewards for non-purchase activities, subject to applicable Rewards Additional Terms (“Qualifying Activities”), which will be subject to our satisfaction, in our sole discretion, that all applicable terms and conditions were met by you personally (and without use of automated method), and that there is no actual or suspected fraud, misconduct, illegal activity or inappropriate behavior present. To the extent Qualifying Activities involve you engaging in activity that exposes Casa de Montecristo to your friends or the public (e.g., social media posts) you will do so only in a manner that makes it clear that you are potentially eligible for Rewards by doing so (e.g., #CasaDeMontecristoPromo, #Sponsored, etc.) as more fully explained here: https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/endorsements and that otherwise complies with applicable Rewards Additional Terms. Qualifying Activities may also include things like the occasion of your birthday, holidays or other events that we may deem from time to time to qualify for Points or other Rewards.
- Rewards and Benefits
- Points and Other Rewards.
The Rewards Program provides you with the ability to receive discounts, credits, Points, or other benefits (collectively “Rewards”), and we may issue codes or certificates to evidence and/or track Rewards and redemption and use thereof (“Rewards/Gift Certificate(s)”). Rewards, and Rewards/Gift Certificates, have no cash value or equivalency, and neither Rewards Program participants nor any third party shall have any property or other right or interest in or to Points or other Rewards, or to Rewards/Gift Certificates (including, without limitation, no community property interests apply to a spouse’s Points and other Rewards, or to Rewards/Gift Certificates, and they are not descendible upon death) and you may not sell, gift, encumber or transfer Points or other Rewards, Reward Offers (defined below), Rewards/Gift Certificates or a Rewards Program Account. In the event any applicable law shall hold otherwise, you agree that your unredeemed Points and other Rewards shall be deemed to have never accrued or issued. Casa de Montecristo may terminate, or change, any aspect of Rewards (including, without limitation, accrual, redemption, expiration and benefit terms and conditions)(“Rewards Benefits”), at its sole discretion except to the extent specifically provided in applicable Rewards Additional Terms (e.g., certain terms offered for a limited promotional period). Rewards Benefits, including without limitation Rewards, Reward Offers and Rewards Program Discounts, may be subject to geographic eligibility and other restrictions. For a summary of current standard Rewards Benefits, check the Rewards Schedule, attached as Exhibit A hereto. Also, be sure to look at each Reward Offer for applicable Rewards Additional Terms, which may alter standard Rewards Benefits.
“Reward Offer(s)” are Reward redemption offers that we may make from time-to-time, which are subject to their terms and conditions and any applicable Rewards Additional Terms. Typically, we will automatically convert Points to a Reward that is then available when you accrue enough Points, and automatically issue you a Rewards/Gift Certificate. Or, we may offer you the opportunity to accept a special Reward Offer, in which event a timely accepted Reward Offer result in conversion of applicable Points into a Reward.
“Rewards Program Discounts,” where available, are a form of Reward Offer and, if issued by us or otherwise accepted by you, a Reward. Rewards Program Discounts, which, unless otherwise specifically provided in the Reward Offer or applicable Rewards Additional Terms, may be used to reduce the amount you pay for the base, pre-tax Qualifying Products purchase price off future Qualifying Purchases from Participating Lounges, subject to geographic eligibility and other restrictions. Product availability may vary and may be limited. Rewards Program Discounts may only be applied against actual net purchase amounts (i.e., after applying any other applicable discounts) equal to or greater than the sum of the amount of Reward Offer(s) discount presented for redemption (e.g., an “up to” Dollars off discount), excluding Non-Qualifying Redemptions (defined below). This is because, as explained above, Rewards have no cash or property value.
Reward Offers and Rewards may be subject to limitations (e.g., one per customer or per period of time) and good only for a limited amount of time before they expire.
We are not responsible for Points or other Rewards, or Reward Offers, that might be removed or deleted from your Account for any reason, including security compromise, technical error or otherwise, or for lost or stolen Rewards/Gift Certificates.
If you do not complete the acceptance, use or redemption of an applicable Reward or Reward Offer before it expires, any applicable underlying Points or other Rewards will forfeit and will not be returned or returnable to your Rewards Program Account.
We may offer you the ability to redeem Rewards/Gift Certificates and/or Reward Offers, as applicable, via the Rewards Site or directly at Participating Lounges, subject to applicable Rewards Additional Terms that may apply. Product availability may vary and may be limited. Casa de Montecristo will deduct your redeemed Points from, or otherwise adjust, your Rewards Account at the time of the earlier of Rewards Certificate issuance or other Points or Rewards redemption. Once redeemed, you cannot reverse the redemption transaction.
Once you have made enough Qualifying Purchases, or completed enough Qualifying Activities, for an applicable redemption, we will typically automatically issue you a qualifying Reward via a Rewards/Gift Certificate. We need not replace lost or stolen Rewards/Gift Certificates, or the Points that underlie them. We may, from time-to-time, also provide you with opportunities to elect to redeem Points for a Reward by timely accepting a Reward Offer subject to its terms, at which point your Account will be credited for the applicable Reward, which once credited you may redeem at a Participating Lounge. Sometimes you will have options as to what Rewards you want to redeem Points for, or what Reward you can chose as part of an applicable Reward Offer. On occasion we may offer Rewards or Reward Offer options that involve redemption or completion through a third party, in which case they will be subject also to that third party’s terms and conditions. Casa de Montecristo will deduct your redeemed Points from, or otherwise adjust, your Rewards Account after the time of redemption, usage, expiration, termination or forfeiture. Once we issue a Rewards/Gift Certificate, or a Reward Offer is selected or otherwise accepted, you cannot reverse the Points redemption transaction, even if the related Reward expires before it is used or completed or it is lost, stolen or compromised.
Rewards that are for in-store redemption can typically be applied to your purchase by showing the Reward Certificate to your sales associate at the beginning of your purchase transaction at a Participating Lounge. Your sales associate will verify the Reward, and following verification, will apply the appropriate credit toward your bill, or otherwise fulfill the in-store Reward. You acknowledge that the processing of a Rewards/Gift Certificate for Reward redemption at point-of-sale shall be deemed a separate process and transaction from the processing of your payment method in connection with a purchase. Unless otherwise specifically provided in applicable Rewards Additional Terms, Rewards and Rewards/Gift Certificates must typically be used in their entirety in a single transaction and no unused portion shall carry over for future use.
The following items are, unless otherwise expressly provided in applicable Rewards Additional Terms, considered non-qualifying redemptions for which Rewards and Reward Offers may not be used, applied or otherwise redeemed: cigarettes, smokeless tobacco, alcoholic beverages and other products we may designate or where required to be excluded by applicable law (“Non-Qualifying Redemptions”). Tax may still be required to be paid on the full value of products or services for which the price was reduced by a Rewards Program Discount or other Reward. Other conditions and exclusions may apply as set forth in applicable Reward Offers and Rewards Additional Terms.
Rewards Program membership is open to individual U.S. residents for personal, non-commercial use at Participating Lounges. You must be at least twenty one (21) years of age to participate in the Rewards Program. Geographic and other eligibility restrictions may apply to some aspects of our Rewards Program.
- Member Communications
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your Account or use of our Rewards Program Service, such as administrative and service announcements and these transactional. Account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
You may subscribe to Rewards Program messages by text, subject to our Mobile Terms. However, this is optional and not required to participate in the Rewards Program. You can unsubscribe to text alerts by replying STOP to a text alert. You may receive a response text confirming your opt-out.
We try to keep our content current and accurate, but Rewards program and product information, and other content, on the Rewards Site are not guaranteed, and not all items, pricing and offers are available in all of our locations. Actual availability and pricing will be determined at each applicable Casa de Montecristo location.
- Membership Cancellation and Termination
You may terminate your Account at any time via your online Account settings. An extended period of not using the Rewards Program (which period may change from time-to-time as set forth in the Rewards Schedule at Exhibit A) (“Inactivity Period”), may result in the cancelation of your Rewards Program membership (or just your accrued Points and/or unredeemed Rewards, in our discretion), in which case you will forfeit all remaining Points, Rewards and Reward Offers.
Only one Rewards Program membership will receive Points for any one transaction. As more fully set forth in Section 2 and Section 4, Points and Rewards have no cash or property value and may not be transferred, assigned or encumbered. Additional restrictions may apply pursuant to Reward Offer and promotions terms, and other Rewards Additional Terms.
Occasionally we may test new products, services or promotions. Some of these tests may have implications on Rewards Program members that may vary from the terms as stated here. When different policies or terms apply, we will communicate that to you through Rewards Additional Terms or otherwise.
- Dispute Resolution and Class Action Waiver
- General Rewards Program Information
The Rewards Program and its content, logos, taglines, and trademarks are the intellectual property of Casa de Montecristo Inc. or one of its affiliates; all rights reserved.
These Rewards Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Rewards Terms is in the sole discretion and determination of Casa de Montecristo, which in each case you irrevocably agree shall be conclusive.
Taxes may apply to Points and Rewards accrual and/or redemption where required by law.
- Updates to Rewards Terms
These Rewards Terms (or if applicable Rewards Additional Terms) shall govern the Rewards Program as it applies to you from time-to-time. AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE REWARDS PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE REWARDS TERMS OR APPLICABLE REWARDS ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. YOU UNDERSTAND AND AGREE THAT EACH TIME YOU SIGN IN TO YOUR REWARDS PROGRAM ACCOUNT, OR OTHERWISE USE THE REWARDS PROGRAM (E.G., ACCUMULATING POINTS, ACCEPTING A REWARD OFFER OR REDEEMING A REWARD), YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE REWARDS SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR CONTINUED REWARDS PROGRAM MEMBERSHIP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Rewards Terms, and any applicable Rewards Additional Terms, each time you use the Rewards Program. Any new Rewards Terms or Rewards Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Rewards Terms, and any applicable Rewards Additional Terms, that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. In the event any tribunal finds any changed terms to be invalid, unenforceable or illegal, such will be severed to the extent necessary for the remainder to be valid and enforceable. You should frequently check the Rewards Site and the e-mail you associated with your Account, for notices, both of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by terminating your Rewards Program membership as set forth in Section 7 and continued membership constitutes acceptance.
This information is current as of August 1,2020
Defined terms are indicated by initial caps and have the meaning ascribed to them in our Reward Terms, to which this Exhibit A is attached. Additional terms and conditions may apply as stated in applicable Reward Offers, promotional offers or as made available at Participating Lounges.
Accruing Points. You will typically have the potential to accrue 1 Point for every Dollar you spend on Qualifying Purchases of Qualifying Products at Participating Lounges, up to a calendar year cap of 5000 Points per year; provided however that Key Level Customers (currently customers who buy or rent an in-store locker) accrue 2 Points for every Dollar spent on Qualifying Purchases of Qualifying Products at Participating Lounges.
Purchases made prior to joining the Rewards Program, discounts on your purchases, and taxes on purchases do not count for accruing Points. Cigarettes, smokeless tobacco and alcoholic beverages are not Qualifying Products, and additional products may be excluded for reasons such as if applicable laws require. Other restrictions may apply.
Redemption of Points and Related Reward Offers. Once you accumulate 250 Points, you qualify to receive a Rewards/Gift Certificate for a Rewards Program Discount good for a discount of up to a Dollar amount that is, for regular members, 5% of the number of Points (i.e., 250 = $12.50), and for Key Level Customers 10% of the number of Points (i.e., 250 = $25.00), applicable against a single transaction, subject to any applicable Rewards Additional Terms as determined by Casa de Montecristo. Until further notice these Rewards will be automatically issued by us, resulting in underlying Points reduction. This results in the following calendar year potential discounts:
Any unused balance of a Rewards/Gift Certificate in a single transaction will be forfeited and not applicable to future transactions.
Other Reward Offers may be made in our discretion, which will be subject to their terms, including expiration. Reward Offers may only be redeemed in Participating Lounges, and may not be applied against purchases of cigarettes, smokeless tobacco, alcoholic beverages or any other products we may from time-to-time designate or if required to comply with applicable law. Additional Non-Qualifying Redemptions may be excluded from redemption in Reward Offer terms, or terms made available at any particular Participating Lounge.
Reward Offers, and the corresponding Reward and Rewards/Gift Certificate, may be used only once. Reward Offers, Rewards and Rewards/Gift Certificates are not transferable or encumberable and, thus, may only be used by the member to whom issued. Identification may be required. Rewards may be used in conjunction with most, but not all, other Casa de Montecristo discounts or offers toward the purchase of other than Non-qualifying Redemptions products and services, and such usage will be subject to confirmation at the time of Reward usage and may differ from location to location and from time to time.
Other Current Rewards and Reward Offers:
Inactivity: Currently we treat failure to use the Rewards Program to accumulate Points, accept a Reward Offer or redeem a Reward at least once during any 12-month period as an extended period of inactivity that qualifies your Rewards Membership and/or your accrued Points to be cancelled in our discretion. We reserve the right to change the terms of the inactivity cancellation qualification from time to time.
Participating Lounges limited to our locations in the following jurisdictions: District of Columbia, Florida, Michigan, New Jersey, New York, North Carolina, Tennessee and Texas