Wine Club Gift: Promotion Terms and Conditions
ELIGIBILITY: This Free Gift with Sign-up Promotion (“Promotion”) is open only to those who are twenty-one (21) years of age or older at the time of sign-up and for new customers only. By participating in the Promotion as described in these terms and conditions (the “Promotion Terms”), each participant represents and warrants that he or she is twenty-one years of age at the time of purchase and otherwise fully agrees and complies with these Promotion Terms.
HOW TO CLAIM A FREE GIFT: To claim a free gift (each, a “Gift”), you may: (a) sign up for a Tongo Card at gettongo.com, (b) complete the entire sign-up process, (c) turn in your first deal (d) must be approved and receive a credit limit from Tongo and (e) you must be a resident of the United States of America (50 states and District of Columbia). Once approved, you will receive a gift subscription via email. You will need to supply information on your email
The Promotion period will begin on July 14, 2022 at 10:00 AM EST and continue until August 1, 2022 at 12:00 AM PST (“Promotion Period). Tongo is not responsible for any inability to access the Promotion or claim a Gift due to difficulty accessing the internet, service outage or delays, computer difficulties, and other technological problems.
AVAILABLE FREE GIFTS: 6 bottles – 3 shipments of 2 bottles for 3 months consequently, an $167-$180 value, including shipping.
RESTRICTIONS AND AVAILABILITY: Gifts are provided on a first-come, first-served basis while supplies last.. The Gift is not for resale and will not be replaced if lost or stolen. The Gift is limited to one (1) Gift per customer.
OTHER RULES: This Promotion is subject to all applicable laws and is void where prohibited. Gift recipients (each a “Recipient”) assume all liability for any injuries or damage caused or claimed to be caused by participation in this Promotion or by the use or misuse of the Gift. If, in Tongo’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Promotion, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Promotion, Tongo reserves the right to terminate the Promotion and distribute the Gifts in its sole discretion. Any attempt to deliberately damage the Tongo website or undermine the Promotion’s legitimate operation may violate U.S. criminal and civil laws and result in disqualification from the Promotion. Should such an attempt be made, Tongo reserves the right to seek remedies and damages (including attorney’s fees) to the fullest extent of the law, including pursuing criminal prosecution.
DISCLAIMER: GIFTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT FURTHER WARRANTY OF ANY KIND. TONGO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GIFTS.
LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS, ON BEHALF OF THEMSELVES AND THEIR HEIRS, EXECUTORS, ASSIGNS AND REPRESENTATIVES, RELEASE AND HOLD GFC, KROGER, GEORGE LOPEZ BREWING COMPANY, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, UNITS AND DIVISIONS, AND THE CURRENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS OF EACH OF THE FOREGOING, AND ALL THOSE ACTING UNDER THE AUTHORITY OF THE FOREGOING, OR ANY OF THEM (INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL AGENCIES AND GIFT SUPPLIERS) (EACH A “RELEASED PARTY”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURY, LOSS, DAMAGES, LIABILTIES AND OBLIGATIONS OF ANY KIND WHATSOEVER (COLLECTIVELY, THE “CLAIMS”) WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH PARTICIPANT EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, AGAINST THE RELEASED PARTIES (OR ANY OF THEM), INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO THE PROMOTION OR PARTICIPANT’S PARTICIPATION IN THE PROMOTION (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE RECEIPT, OWNERSHIP, USE, MISUSE, TRANSFER, SALE OR OTHER DISPOSITION OF THE GIFT. All matters relating to the interpretation and application of these Terms and Conditions shall be decided by GFC in its sole discretion.
DISPUTES: As a condition of participating in the Promotion, participants agree that any and all disputes that cannot be resolved between participant and GFC, and causes of action arising out of or connected with the Promotion or these Terms and Conditions, shall be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in the State of California and participant irrevocably consents to the jurisdiction of the federal and state courts located in the State of California with respect to any such dispute, cause of action, or other matter. All disputes will be governed and controlled by the laws of the State of California (without regard for its conflicts-of-laws principles). Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs incurred directly in connection with participant’s participation in the Promotion), and participant further irrevocably waives all rights to have damages multiplied or increased, if any. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY. All federal, state, and local laws and regulations apply.
BY PARTICIPATING, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.