DE30 Rewards Program Rules
Updated: August 29, 2026
Effective September 1, 2026 through May 29, 2027, Drew Estate (the “Company”) is offering eligible consumers the chance to participate in DE30 Rewards, a limited-time promotional rewards program (hereinafter, the “Rewards Program”). The Rewards Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”). By enrolling in or participating in the Rewards Program, you represent and warrant that you are at least 21 years of age, a legal resident of the United States, and a current tobacco consumer.
The Program Rules govern the Company’s relationship with members of the Rewards Program (collectively, “Rewards Program Members,” and individually, a “Rewards Program Member,” “Member,” or “you”), including how Members manage their accounts and earn and redeem Rewards Program points (“Points”).
By opening a Rewards Program membership account (“Account” or “Membership Account”), or by using either your registered email address or the Membership Account number you were assigned (“Membership Number”) to receive and redeem benefits of the Rewards Program, including, without limitation, Rewards Program Points, you agree that:
- you have read and accept these Program Rules; and
- you consent to the collection, use, and disclosure of your personal data by the Company, the Rewards Program, and their authorized third-party agents and licensees in accordance with the Company’s Privacy Policy.
All Rewards Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time upon thirty (30) days’ advance notice to Members (except for changes required by law, which may be effective immediately). The Company may terminate the Rewards Program, in whole or in part, with six (6) months’ advance notice to all active Members, and with less than six months’ notice in any jurisdiction if required to do so by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar Rewards Program for the Rewards Program at any time upon reasonable notice to active Members. If the Rewards Program is terminated, Members will have a minimum of sixty (60) days from the date of termination notice to redeem any accumulated Points; after such period, all unredeemed Points will be forfeited without liability to the Company. Notwithstanding the foregoing, the Rewards Program terminates May 29, 2027, unless extended by the Company in its sole discretion.
Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify or supplement these Program Rules, the structure for earning and redeeming Awards (as defined below), upon thirty (30) days’ advance notice to Members (except for changes required by law, which may be effective immediately), even though such changes may affect the value of Points or the ability to obtain certain Awards (collectively “Program Rule Changes”). Such notice may be provided via email to the Member’s registered email address or by posting on the Program website; posting on the Program website shall constitute sufficient notice regardless of whether the Member views such posting. “Awards” means any and all awards earned by Members in connection with the Rewards Program, including without limitation Award Redemptions. Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Rewards Program following the effective date of any Program Rule Changes will constitute your acceptance of any such changes; however, material adverse changes to Point values or redemption terms will not apply retroactively to Points already earned prior to the notice date.
“Participating Brands” means Drew Estate and any of its affiliated cigar and tobacco product brands designated by the Company as eligible for Point-earning purchases under the Rewards Program, as identified on the Rewards Program website from time to time.
“Qualifying Purchase” means a purchase of Participating Brand products by a Member during the Program period, as evidenced by a valid, unaltered receipt submitted in accordance with Section 2.1.a, excluding taxes and any products bundled with non-Drew Estate products.
1. JOIN THE REWARDS PROGRAM
1.1 Eligibility
Membership in the Rewards Program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules and is aged 21 years or older; (b) resides in a jurisdiction which legally permits participation in the Rewards Program; (c) is a legal resident of the United States of America; (d) provides valid and accurate personal information when enrolling in the Rewards Program; (e) is not already a member of the Rewards Program (i.e., does not already have a Membership Account); (f) has not previously been terminated from the Rewards Program; and (g) is an adult tobacco consumer. The Company reserves the right to verify the age and eligibility of any applicant or Member at any time.
1.1.a. Members are responsible for reading and understanding the Rewards Program Rules, Account statements, and other communications from the Company about the Rewards Program in order to understand his/her rights, responsibilities, and status in the Rewards Program. If a Member has any questions about the Rewards Program or these Program Rules, the Member should contact Member Support.
1.1.b. Members are responsible for reading the Company’s Privacy Policy in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should contact Member Support.
1.2 Benefits of Membership
1.2.a. Member Support. Rewards Program Members will have access to the Member services described on the Member Website.
1.2.b. Member Offers: Rewards Program Members will have access to point bonus offers from time to time as more fully described, and subject to any additional terms set forth, on the Member Website.
1.3 Conditions of Enrollment
1.3.a. Completing the Enrollment Application. An individual may apply to enroll in the Rewards Program by fully and accurately completing an application on the Rewards Program website, or through other enrollment channels offered by the Company, which includes providing valid age verification and attestation that the applicant is an adult tobacco consumer. The Company may deny membership in the Rewards Program to any applicant who does not meet the eligibility requirements set forth in Section 1.1, or in the Company’s sole discretion for any reason or no reason, without obligation to disclose the basis for denial.
1.3.b. Individual Membership. Only individuals are eligible for Rewards Program membership, and each individual may maintain only one Membership Account. All Member Accounts are individual Accounts and no joint or shared Accounts are permitted even if you reside within the same household. Rewards Program benefits are non-transferable unless expressly stated otherwise.
1.3.c. Assignment of Membership Account and Membership Number. After applying to the Rewards Program, a Membership Account will be opened and a Membership Number will be assigned to each applicant. Upon receiving this Membership Number, an individual becomes a Member eligible to earn Points for purchases of Participating Brands.
1.3.d. Duplicate Accounts. An individual may join the Rewards Program. However, a Member may not have one or more duplicate Accounts under the Rewards Program at any time.
i. If more than one Rewards Program Membership Number is assigned to an individual for the Rewards Program, he/she will only receive Points for one Membership Account. Duplicate Membership Accounts may be cancelled.
ii. A Member with individual Membership Accounts in the Rewards Program will not be able to link these Accounts or transfer points across Accounts.
1.3.e. Personal Profile. Information provided by a Member will be maintained in a personal preference profile with the Membership Account. All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current.
i. A Member may change his/her address by changing his/her information on the Account Profile on the Rewards Program website or contact Member Support. In certain instances, address changes may require supporting legal documentation.
ii. Name changes to a Membership Account must include supporting legal documentation, signature, date and Membership Number. More information is in our Frequently Asked Questions or Member Support.
1.3.f. Use of Information Collected in Application. The information a Member provides to the Company when completing the Rewards Program application and redeeming Points is processed in accordance with the Company’s Privacy Policy. The Rewards Program may disclose Member information to: (i) the Company and its affiliates; (ii) person(s) authorized by the Member; (iii) fulfillment houses, email service providers, and mail houses that process communications for such entities; (iv) Company affiliates; and (v) marketing partners that provide services to the Company, in each case subject to appropriate data protection agreements. Member information will be disclosed only for the following purposes: (1) to service the Membership Account and Member preferences, including providing Account status updates; (2) to assess a Member’s entitlement to benefits; (3) to offer the Member additional products and services from the Company or its affiliates; (4) to send periodic satisfaction or market research surveys; (5) with Member opt-in consent, to offer the Member products or services from select third-party partners; and (6) as required by law, regulation, legal process, or governmental request. Members may manage their communication preferences at any time through their Account Profile or by contacting Member Support.
1.4 Membership Communications
1.4.a. New Members will receive Rewards Program communications.
1.4.b. All Rewards Program communications will be sent to a Member’s email address currently provided in the Member’s Account. Communications delivered to the email address on file will be deemed to have been received one (1) business day after sending, whether or not actually received or read by the Member. Members must keep their email address current. Neither the Company nor the Rewards Program shall have any responsibility for undeliverable, misdirected, or unread email, or any consequences thereof, including but not limited to missed notices of Program Rule Changes, Point expirations, or Account suspensions.
1.4.c. Members can access regular Points balance reports on the Program Website
1.4.d. The Company may send Members promotions, offers, and other communications regarding the Rewards Program, Company products, and Company’s affiliate’s tobacco products from time to time. With the Member’s prior opt-in consent, the Company may also send Members promotional offers regarding Company’s affiliate’s non-tobacco products and offers from select third-party partners. Members may manage their communication preferences, including, without limitation, opting in or out of third-party partner communications, at any time by contacting Member Support.
1.4.e. Any time a Member contacts Member Support, the Company may ask the Member certain security questions to verify the Member’s identity. Member Support may monitor or record telephone calls to improve quality of service; by contacting Member Support, the Member consents to such monitoring and recording to the extent permitted by applicable law, including any applicable state two-party consent requirements. The Member further acknowledges that recorded calls may be used as evidence in any dispute between the Member and the Company.
1.4.f. A Member can review his/her Points balance and transaction history and update personal details and preferences in the Account Profile on the Rewards Program website. A Membership Number or his/her user name and password are required to access the website. The Company may require a Member to provide supporting documentation prior to allowing certain Account changes (e.g., legal name changes).
1.5 Earning Points
Members may earn Points for eligible purchases of a Participating Brand in accordance with Section 2.
1.5.a. Points Subject to Program Rules. As set forth in Section 1.1.a., the accumulation of Points is subject to the Program Rules. Each Rewards Program Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand their rights, responsibilities, and status in the Rewards Program, as well as the structure for earning Awards.
1.5.b. Taxes. Points and Awards earned through participating in the Rewards Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Points is the sole responsibility of the Member.
1.5.c. Points Expiration Policy. All Points expire on May 29, 2027 unless the Company announces an extension, or within twenty-four (24) months of the date of issue, whichever comes first. The Company will provide Members with at least thirty (30) days’ advance notice by email prior to the expiration of any Points. Points that are set to expire may be identified in the Member’s Points Page.
1.5.d. Activity Requirement. If there is no earning or redemption activity on the Account for twelve (12) consecutive months, all Points will automatically expire, provided that the Company has sent at least one (1) reminder notice to the Member’s registered email address at least thirty (30) days prior to such expiration. For the avoidance of doubt, logging into an Account without earning or redeeming Points does not constitute ‘activity’ for purposes of this Section.
1.6 Other Conditions of Enrollment
1.6.a. Cancelling or Suspending Membership Accounts
i. Cancelling by Member. A Member may cancel his/her membership in the Rewards Program at any time by sending written notice of cancellation to Member Support. All unredeemed Points will be forfeited immediately and may not be reinstated or transferred.
ii. Cancelling or Suspending by the Company. The Company may cancel a Member’s accumulated Points, suspend Rewards Program benefits, or cancel a Member’s Account with immediate effect upon notice (which may be via email or posting to the Member’s Account), for cause, including, without limitation, if the Company reasonably believes the Member has:
A. Acted in a manner inconsistent with applicable laws, regulations, ordinances;
B. Acted in an inappropriate, fraudulent, abusive or hostile manner;
C. Breached or violated any of these Program Rules;
D. Violated any applicable federal, state, or local law, including without limitation laws relating to tobacco products, age verification, or fraud;
E. Provided false or misleading information regarding age, identity, or eligibility; or
F. Engaged in any activity that the Company reasonably determines undermines the integrity of the Rewards Program.
1.6.b. Effect of Membership Cancellation
i. The Rewards Program, Points, Awards, and other related benefits and services are the sole property of the Company, and are not the property of Members. Members have no vested right in any Points, Awards, or other benefits. On cancellation of membership in the Rewards Program for any reason, all unredeemed Points, Awards and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Rewards Program. Points, Awards and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused Points.
ii. If the Company cancels a Member’s Account for any reason, the Member may not reapply for membership in the Rewards Program except in very limited circumstances at Company’s sole discretion, and any unauthorized Account opened in the Member’s name following cancellation, as well as Points, Awards and other related benefits and services earned in that Account will be forfeited upon discovery.
iii. If a Member cancels his/her Account, or if a Member Account becomes inactive as described in Section 1.5.d., the Member may reapply for membership in the Rewards Program at a later date, but no Points, Awards and other related benefits and services previously forfeited or expired will be reinstated to the Member Account.
1.6.c. Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Rewards Program Rules and Awards, upon thirty (30) days’ advance notice to Members (except for changes required by law, which may be effective immediately), even though such changes may affect the value of Points or the ability to obtain certain Awards. The Company may, among other things: (i) increase or decrease the number of Points required for an Award or received for a purchase activity or other qualified point-earning action. Notwithstanding the foregoing, any adverse changes to Point values or Award thresholds will apply only to Points earned after the effective date of such change; Points earned prior to such change will retain their value under the prior Program Rules for redemption purposes.
1.6.d. Termination of Program. The Company may terminate the Rewards Program with six (6) months’ advance notice to all active Members. At the Company’s sole discretion, the Company may choose to substitute a similar Rewards Program for the Rewards Program at any time upon reasonable notice to active Members. A Member may not accumulate Points or claim Awards, Rewards Program benefits or amenities after the termination of the Rewards Program, except that Members will have a minimum of sixty (60) days from the date of termination notice to redeem any accumulated unredeemed Points. After such redemption period, all remaining unredeemed Points will be forfeited without any further obligation or liability. The Company may terminate any of the Rewards Program in whole or in part, in any jurisdiction on less than six months’ notice if required to do so by applicable law.
1.6.e. Benefits Subject to Availability and Modification. All Rewards Program benefits, amenities, offers, Awards and services are subject to availability and may be changed upon thirty (30) days’ advance notice to Members (except for changes required by law, which may be effective immediately), subject to the notice and modification provisions set forth in Section 1.6.c.
1.6.f. Eligibility to Receive Benefits. By accepting any Rewards Program benefits, offers or awards including, without limitation, any Points or Awards, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Rewards Program benefits, amenities, offers, awards or services (including, without limitation, Points and Awards) under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Rewards Program benefits, offers, or awards at any time.
1.6.g. Eligibility Notification. A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn Points, Awards, or any other benefits that a Member may earn under the Rewards Program, or (ii) his/her Member Account has been credited with any Points, or any other benefit that a Member may earn under the Rewards Program that he/she has not earned or is not eligible to earn.
1.6.h. No Sale or Transfer. Except as expressly permitted in the Program Rules, Points, Awards, and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company may refuse to honor or recognize any Points, Awards, or Member benefits which the Company believes may have been transferred, sold or bartered.
2. EARN POINTS
2.1 Earning Opportunities
2.1.a. A Member will earn 5 points per dollar spent on Drew Estate products, excluding taxes, shipping, and any applicable discounts or coupons, and submitted on an approved receipt. For a receipt to be approved, a purchase of exclusively Company products must be identified on an unaltered receipt; quantity of product and cost paid must be successfully scanned. The Company reserves the right to adjust the Points-per-dollar earning rate at any time upon thirty (30) days’ advance notice to Members.
i. Receipt approval will take 2 business days. Members will receive a communication from Member Support in the event a receipt is not approved (For example, if a duplicate receipt is inadvertently submitted a second time).
2.1.b. A Member may earn bonus points in a variety of ways as featured from time to time on our website
2.1.c. All point earning is subject to a cumulative total of 40,000 points, where point earning will be capped. In no case will a Member be allowed to earn more than 40,000 points.
3. REDEEM POINTS
3.1 Award Redemption
A Member may redeem full or partial Points to obtain various Award options, (each an “Award Redemption”) including, without limitation, merchandise, services, and products. A full listing of current Award Redemption options is available on the Rewards Program website under “Reward Center.” If the Award Redemption involves shipment, delivery may take up to (3) weeks from the time of redemption. Members will receive shipment status notifications to the email address on file.
3.1.a. Points and Award Redemptions may not be exchanged or redeemed by a Member for cash, prizes or credit.
3.1.b. Unless otherwise noted, Award Redemptions are valid only for use by the Member from whose Account the Award Redemption was processed and are not transferable.
3.1.c. Award Redemptions believed to have been bartered, sold, exchanged, or issued fraudulently, or issued to someone other than the eligible Member, will be void and will not be honored.
3.2 Award Merchandise
Awards provided by third-party suppliers are subject to the warranty and return policies of those suppliers, and the Company shall have no liability whatsoever for the quality, safety, fitness, or suitability of such third-party products. The Company’s sole obligation shall be limited to facilitating the Member’s contact with the applicable supplier. If any Award merchandise is damaged during shipment or is materially different from the description on the Rewards Program website, the Member must notify Member Support within fourteen (14) days of receipt; failure to notify within such period shall constitute acceptance of the merchandise as delivered. The Company will use commercially reasonable efforts to facilitate a replacement or alternative resolution but makes no guarantees as to outcome. Nothing in this Section shall limit any rights the Member may have under applicable consumer protection laws.
4. ADDITIONAL TERMS OF PARTICIPATION IN THE REWARDS PROGRAM
4.1 Monitoring Membership Accounts
The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for purposes of ensuring compliance with Program Rules, fraud prevention, program integrity, and compliance with applicable law, including without limitation age verification and tobacco marketing regulations. The Company may review all Members’ Points and transaction history including, without limitation, requests for Rewards Program Awards, Awards and other benefits. The Company may employ automated systems, algorithms, or third-party tools to detect irregular activity patterns, and any Account flagged by such systems may be suspended pending manual review.
4.2 Adjustments
A Member may request a Points adjustment, including requests for missing Points, correction of incorrectly credited Points, or other Account discrepancies by contacting Member Support. All adjustment requests are subject to verification and approval by the Company.
All points adjustment requests must be received within thirty (30) days of the applicable Qualifying Purchase to receive any credit.
4.3 Correction of Benefits
At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of Points credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account, provided that the Company shall notify the Member of any material correction and the basis therefor, and the Member shall have fifteen (15) days to dispute such correction by contacting Member Support. If the Member does not dispute the correction within such period, the correction shall be deemed accepted. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Rewards Program suspects there has been fraudulent or irregular activity connected with the transaction, provided that the Company shall notify the affected Member within a commercially reasonable time after taking such action.
4.4 Taxes
Points, Awards, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned Points. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of Points, Awards, and other Member benefits.
4.5 No Warranties or Representations, Express or Implied
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS, OR QUALITY, WITH RESPECT TO THE TYPE, QUALITY, OR FITNESS OF GOODS OR SERVICES PROVIDED THROUGH THE REWARDS PROGRAM, THE REWARDS PROGRAM WEBSITE, OR ANY CONTENT OR MATERIALS MADE AVAILABLE IN CONNECTION THEREWITH. HOWEVER, NOTHING IN THESE PROGRAM RULES SHALL EXCLUDE OR LIMIT ANY WARRANTY OR CONSUMER PROTECTION RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.6 Operation of the Rewards Program
The Company issues Points to members, redeems Points for Awards, and administers the Rewards Program. The Company promotes the Rewards Program including, without limitation, by creating and launching marketing campaigns, developing and maintaining the Rewards Program website and managing promotions.
4.7 Not Responsible for Acts, Errors, or Omissions
The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Awards or Member benefits, except to the extent caused by the Company’s gross negligence or willful misconduct; (b) theft or unauthorized redemption of Points or Awards or use of an Award, provided the Company has maintained commercially reasonable security measures; (c) any acts or omissions of third parties not within the Company’s reasonable control; or (d) any errors published in relation to the Rewards Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding Participating Brands, and errors in the crediting or debiting of Points from Member Accounts, provided the Company corrects such errors within a reasonable time after discovery. The Company reserves the right to correct, without notice, any errors, and will notify affected Members of material corrections.
4.8 Interpretation of Rewards Program Rules
All interpretations of these Rewards Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final and binding on all Members, subject to applicable law and the dispute resolution provisions set forth in Section 4.13. In the event of any discrepancy between the English version and any translated version of these Program Rules, the English language version will govern.
4.9 Trademarks
The Company and Participating Brands are the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of Drew Estate and its affiliates. Members shall not use any Company trademarks, service marks, trade names, or logos for any commercial purpose without the Company’s prior written authorization, and shall not register or seek to register any marks that are confusingly similar to the Company’s marks.
4.10 Waiver
The Company’s waiver of any breach of these Rewards Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Rewards Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.
4.11 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DREW ESTATE, ITS PARENT, SUBSIDIARIES AND AFFILIATES, ITS LICENSEES, SERVICE PROVIDERS, VENDORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH: (A) THE REWARDS PROGRAM OR ANY ASPECT THEREOF; (B) THESE PROGRAM RULES; (C) THE COMPANY’S OPERATION, MODIFICATION, SUSPENSION, OR TERMINATION OF THE REWARDS PROGRAM; (D) ANY MEMBER’S PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE REWARDS PROGRAM; (E) ANY POINTS, REWARDS, OR AWARD MERCHANDISE; (F) ANY ACT OR OMISSION OF ANY THIRD-PARTY SERVICE PROVIDER OR VENDOR; OR (G) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF A MEMBER’S ACCOUNT OR DATA. NOTWITHSTANDING ANY OTHER PROVISION OF THESE PROGRAM RULES, THE RELEASED PARTIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE PROGRAM RULES OR THE REWARDS PROGRAM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE TOTAL VALUE OF POINTS REDEEMED BY THE MEMBER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
MEMBER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT SUCH LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY LIMITATION IN THIS SECTION IS HELD UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, SUCH LIMITATION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO BE ENFORCEABLE UNDER APPLICABLE LAW, AND THE REMAINING LIMITATIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
4.12 Choice of Law and Venue
Any disputes arising out of or related to the Rewards Program or these Program Rules will be handled individually without any class action, class arbitration, or representative proceeding. Each Member waives the right to participate in or bring claims as a class member in any purported class, collective, or representative action. Prior to filing any claim or action, a Member must first contact the Company in writing at the address designated on the Rewards Program website, describing the dispute in reasonable detail and providing the Member’s contact information and Membership Number. The Company and the Member shall attempt to resolve the dispute informally for a period of sixty (60) days following receipt of such notice. If the dispute is not resolved within such period, either party may proceed to binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall take place in Miami-Dade County, Florida, United States, or, at the Member’s election, by telephone or videoconference. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages, or to make any award inconsistent with these Program Rules. The arbitrator’s award shall be final and binding. Notwithstanding the foregoing, the Company (but not the Member) may seek injunctive or equitable relief in any court of competent jurisdiction to protect the Company’s intellectual property rights or to prevent ongoing harm to the Rewards Program. All disputes shall be governed by, construed and enforced in accordance with the laws of the State of Florida, United States, without regard to its conflicts of law rules. Each Member hereby consents to the exclusive personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida, United States, for any proceedings not subject to arbitration. A MEMBER MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE TO THE COMPANY WITHIN THIRTY (30) DAYS OF ENROLLMENT IN THE REWARDS PROGRAM. IF A MEMBER OPTS OUT, DISPUTES SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA.
4.13 Subject to Law
Membership in the Rewards Program and the earning and redeeming of Points are subject to all applicable local, state, and federal laws and regulations, including without limitation FDA regulations governing tobacco product marketing, state laws governing loyalty and rewards programs, the Family Smoking Prevention and Tobacco Control Act, the Prevent All Cigarette Trafficking (PACT) Act (to the extent applicable to Awards involving tobacco-related products), the Telephone Consumer Protection Act (as applicable to Program communications), and applicable state consumer protection statutes. Membership in the Rewards Program, Member benefits, and Awards are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or Member’s jurisdiction of residence. If any part of these Rewards Program Rules is held to be unlawful or unenforceable by a court of competent jurisdiction, that part will be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, deemed deleted from these Program Rules in such jurisdiction, and the remaining provisions will remain in full force and effect.
4.14 Entire Agreement
The Rewards Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Rewards Program website.
4.15 Data Privacy and Security
The Company will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Member personal information against unauthorized access, disclosure, alteration, or destruction, consistent with industry standards for companies of similar size and scope. The Company will retain Member personal information only for as long as necessary to fulfill the purposes described in Section 1.3.f, to comply with applicable legal obligations, to enforce these Program Rules, or to resolve disputes, unless a longer retention period is required by law. Upon written request to Member Support, a Member may: (i) request access to the personal information the Company holds about the Member; (ii) request correction of inaccurate personal information; and (iii) request deletion of the Member’s personal information, subject to the Company’s right to retain information necessary for compliance with legal obligations, fraud prevention, program integrity, or enforcement of these Program Rules. The Company will respond to verified Member requests within forty-five (45) days, or such shorter period as may be required by applicable law (including, without limitation, the California Consumer Privacy Act, as amended, and any applicable state privacy law). In the event of a data breach involving Member personal information, the Company will notify affected Members in accordance with applicable state and federal data breach notification laws. Notwithstanding the foregoing, the Company shall have no liability for any breach or unauthorized disclosure caused by a Member’s failure to maintain the security of his/her own Account credentials or devices.
4.16 Bona Fide Loyalty Program
The Company will not sell you personal data or process it for targeted advertising as part of the Rewards Program. We also will not share personal data collected through the Rewards Program with third parties , except for service providers that process personal data on our behalf solely to support operation of the Rewards Program. Our service providers are contractually prohibited from selling personal data or using it for their own purposes, including targeted advertising. We do not provide personal data collected through the Rewards Program to data brokers. The Company does not have any bona fide loyalty program partners – all benefits of the Rewards Program are provided directly by the Company.
No Rewards Program benefits require the processing of personal data for sale or targeted advertising through a third-party partner. Because we do not sell personal data or process personal data for targeted advertising in connection with the Rewards Program, there is no difference in the value of Rewards Program benefits available to you based on whether you exercise one of your privacy rights, including if you opt out of sale or targeted advertising. The full value of the Rewards Program is available to all participants, regardless of any opt-out election. However, note that if you exercise your right to delete personal data and the deletion makes it impossible for us to provide certain Rewards Program benefits to you, we will no longer be obligated to provide those specific benefits.
Certain personalized Rewards Program benefits may require the processing of your sensitive data, specifically, when you wish to claim points by checking in at a physical location, you must provide us with your precise geolocation data. Your participation in the Rewards Program is not conditioned on your consent to the processing of sensitive data. If you decline to consent to the processing of sensitive data or withdraw your consent, you will continue to receive all Rewards Program benefits that do not require us to process your sensitive data.
4.17 Age Verification and Tobacco Consumer Attestation
By enrolling in the Rewards Program, each Member represents, warrants, and certifies that: (a) he/she is at least 21 years of age; (b) he/she is an adult consumer of tobacco products; (c) he/she is not enrolling on behalf of any minor or non-tobacco consumer; and (d) all information provided during enrollment, including date of birth, is true, accurate, and complete. The Company reserves the right to require additional age verification documentation at any time, including through the use of third-party age verification services, and to terminate or suspend any Account where age or eligibility cannot be satisfactorily verified. Any Member who misrepresents his/her age or eligibility shall be subject to immediate Account termination and forfeiture of all Points and Awards without notice, and may be reported to appropriate regulatory authorities.
4.18 Indemnification
Each Member agrees to indemnify, defend, and hold harmless the Company, its parent, affiliates, subsidiaries, licensees, service providers, vendors, and each of their respective directors, officers, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or relating to: (a) the Member’s breach of these Program Rules or any representation or warranty made herein; (b) the Member’s violation of any applicable law, including without limitation laws relating to age verification, tobacco products, or data privacy; (c) the Member’s fraudulent, negligent, or wrongful conduct in connection with the Rewards Program; (d) any third-party claim arising from the Member’s participation in the Rewards Program; or (e) any dispute between the Member and any third-party Award supplier. This indemnification obligation shall survive termination of the Member’s Account and these Program Rules and shall remain in effect regardless of any limitation of liability or other provision herein.
4.19 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Program Rules (including, without limitation, Award fulfillment, website availability, or program administration) to the extent such failure or delay is caused by circumstances beyond the Company’s reasonable control, including but not limited to natural disasters, acts of government, pandemics, supply chain disruptions, labor disputes, cyberattacks, utility or telecommunications failures, or acts of terrorism (each, a “Force Majeure Event”). In the event of a Force Majeure Event, the Company will use commercially reasonable efforts to resume performance as soon as practicable and will notify Members of any material program disruptions through the Rewards Program website or via email.
4.20 Assignment
The Company may assign, transfer, or delegate these Program Rules and the Rewards Program, in whole or in part, to any successor, acquirer, or affiliate without Member consent and without notice, provided that the assignee assumes the Company’s obligations under these Program Rules. Such assignment shall not constitute a Program Rule Change requiring advance notice under Section 1.6.c. Members may not assign or transfer their Membership Accounts, Points, Awards, or any rights under these Program Rules without the Company’s prior written consent, and any purported assignment in violation of this Section shall be void.
4.21 Survival
The following provisions shall survive the termination or expiration of the Rewards Program and/or any Member’s Account: Section 4.6 (No Warranties), Section 4.8 (Not Responsible for Acts, Errors, or Omissions), Section 4.10 (Trademarks), Section 4.12 (Limitation of Liability), Section 4.13 (Choice of Law and Venue), Section 4.16 (Data Privacy and Security), Section 4.18 (Indemnification), Section 4.23 (Compliance Cooperation), Section 4.24 (No Third-Party Beneficiaries), Section 4.25 (Statute of Limitations), and this Section 4.21 (Survival).
4.22 Electronic Consent
By clicking “I Agree,” “Submit,” or any similar button or checkbox during enrollment, or by otherwise electronically accepting these Program Rules, the Member agrees that such electronic acceptance shall have the same legal force and effect as a handwritten signature, and constitutes the Member’s binding acceptance of these Program Rules in their entirety. The Member acknowledges that he/she has had the opportunity to review these Program Rules prior to acceptance.
4.23 Compliance Cooperation
Each Member agrees to cooperate with the Company in connection with any regulatory inquiry, audit, or investigation by any federal, state, or local authority relating to the Rewards Program, including without limitation inquiries by the FDA, FTC, or state attorneys general. Such cooperation shall include, without limitation, providing truthful information regarding the Member’s participation in the Rewards Program and not destroying any receipts or records related to Qualifying Purchases during the pendency of any such inquiry. Failure to cooperate may result in Account suspension or termination.
4.24 No Third-Party Beneficiaries
These Program Rules are for the sole benefit of the Company and Members, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Program Rules.
4.25 Statute of Limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE PROGRAM RULES OR THE REWARDS PROGRAM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. THIS SECTION SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
