Terms & Conditions
Effective January 1, 2020
The Consulate Club ™ ("Consulate Club Program" or "The Program") is the loyalty program for Consulate Brewing Company ®, operated by Consulate Brewing Company, LLC ("The Company"). The rules, regulations and terms and conditions outlined below ("the Program Rules") shall govern the Company's relationship with members of the Loyalty Program (collectively, "Consulate Club Members" or "Members"; and individually, "Member" or "you"). By opening a Consulate Club membership account ("Account" or "Consulate Club Account"), by attempting to earn or redeem awards on this website or affiliated mobile apps, or by browsing the Consulate Club website, you agree that:
Consulate Brewing Company has created this loyalty program to recognize your brand loyalty to Consulate Beer. We recognize that the craft beer marketplace is complex and ever growing and we are grateful for your business. We also want to recognize the myriad of local businesses, restaurants, bars, concert venues, and activity centers that make up our local economy. Many of our Rewards feature these local business ("Partners"). We appreciate their partnership and encourage our Members use Consulate Club points as the currency to explore our World. We don't operate a Tap Room, because the World is Our Tap Room.
Joining the Consulate Club Program
Membership in the Consulate Club Program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in a jurisdiction which legally permits participation in the Consulate Club Program; (c) provides valid and accurate personal information when enrolling in the Consulate Club Program; (d) is not already a member of the Consulate Club Program; (e) has not previously been terminated from the Consulate Club Program; and (f) is at least 21 years of age at the time of registration.
Members are responsible for reading and understanding the Consulate Club Program rules, account statements, and other communications from the Company about the Consulate Club Program to understand any associated rights, responsibilities and obligations.
As a Program Member, you may be eligible to earn Consulate Club Points ("Points") for every purchase of qualifying product. You may redeem the Points for Consulate Club Rewards ("Rewards") through the Program Website or affiliated mobile app.
The Company reserves the right to modify the Program Terms & Conditions, Program Rules, and other policies at any time, with or without prior notice. Any changes will be shown in these Program Rules on the website and will be effective immediately unless stated otherwise. You are responsible for remaining knowledgeable about the Program Rules.
Benefits are generally related to the accrual and redemption of Points. Benefits may include access to a wide variety of curated, hand-selected exclusive Rewards for you. Points can be redeemed for Rewards listed on the website or affiliated mobile app, and may include Consulate Club swag, gift cards, and local experiences such as concert tickets, ski resort lift tickets, food and beverage gift cards and exclusive passes, etc.
Consulate Brewing Company makes no guarantee to the selection or availability of any redemption benefit or program offer. Redemption point values, offerings, and availability are subject to change at any time. Consulate Brewing Company makes no guarantees, express or implied, to any product availability or value.
Eligibility & Earning Points
All members of Consulate Brewing Company are eligible to earn points. Eligible bottles and/or cans of Consulate Brewing Company and its affiliated partners have scannable QR codes on the label. Members can simply scan the code on a Mobile Device or manually enter the six digit alpha-numeric code printed on the label at www.club.consulatebeer.com to earn points.
Participating venues serving Consulate Brewing Company or a Consulate Club affiliate on draft may offer redemption coupons. These cards, available in various formats will contain a scannable QR code. Members can simply scan the code on a Mobile Device or manually enter the six digit alpha-numeric code printed on the label at www.club.consulatebeer.com to earn points.
Points will appear in the Member account immediately upon successful scanning of the QR code or entry of the six digit alpha-numeric code.
If you attempt to scan a code or enter a six digit alpha-numeric code and receive an error, you may request a review by submitting various information, including but not limited to the place of purchase, the product type, the six digit alpha-numeric code, and a photocopy of proof of purchase. Access to this form is available at club.consulatebeer.com and will be offered when a code is rejected.
Earning points is restricted to products legally purchased or gift to the person attempting to recover the earned points. Accounts suspected of abuse will be flagged and potentially removed, in accordance of the section below.
Suspicion of Program Abuse; Account Suspension; & Termination
The Consulate Club Program is designed to reward loyal customers of Consulate Brewing Company. Earning points is restricted to products legally purchased by the person attempting to recover the earned points on the Consulate Club website. Accounts flagged for suspicious activity, including suspicious earning activity, will be placed on hold and will be reviewed by our Member Relations team. Attempting to earn points on products not purchased by you is Fraud and Program Abuse. The action violates the terms of this agreement.
Accounts suspected to be in violation of these terms will be terminated, all points forfeited, and future program participation forbidden. Any unfulfilled redemptions will be canceled and no refunds provided.
All Rewards are subject to availability. Members can redeem points by logging into the Website or the Mobile App and ordering the desired Award using the Points available in their account. Consulate Club points can only be redeemed for items found in the online catalog at the time of redemption. The full point balance required for the selected Reward must be available in your account at the time your order is placed.
Consulate Brewing Company reserves the right to amend, change, increase, or decrease the point value of any reward at any time and for any reason. No refunds will be given to Members if the redemption value decreases after a redemption request has been submitted.
Consulate Club points may not be transferred and must be redeemed by the Program Member. Once we receive your redemption request, the Program will review your account to verify that you have sufficient Points to redeem the Reward requested and that such points are valid. If the Reward is fulfilled and Consulate Brewing Company later finds that you did not have sufficient Points for that Reward, you will forfeit future point earnings until you accrue additional Points sufficient to meet the deficit.
Except for appropriate returns as set forth below, all Rewards are provided and must be accepted AS IS. Consulate Brewing Company and its partners make no representations or warranties, express or implied, and each disclaims any and all liability as to the condition, quality, merchantability or fitness for a particular purpose of products and/or services provided by or through the Program.
Taxation & Fees
All federal, state, and local taxes, insurance, licensing, registration, liabilities, surcharges, title fees and any other fees connected to Rewards or the Program are the sole responsibility of you, the Program Member. You may be required to complete and return a Declaration of Compliance and Release in connection with certain promotion or redemptions, as applicable. Winners of any Promotion may need to complete a Form W-9 and Consulate Brewing Company will report the value of prize winnings on a Form 1099 at the end of the year.
Return Policies & Cancellation Policy
You may return most new, unopened Reward merchandise items with thirty (30) days of delivery for a full refund of Points, unless otherwise specified, if the return is a result of an error of the Program or a Fulfillment Provider (for example, you receive an incorrect or defective item). The return shipping costs will be covered by the party responsible for the error. Returns for any other reason, and returns for items that are opened or returned more than thirty (30) days after delivery may receive a partial refund or no refund at all and all shipping costs will be paid by you.
Members must ensure their name, address and Customer/Account number are accurate in the Consulate Club member profile. Lost items, failed deliveries, or other shipment errors caused by inaccurate or incorrect information in the member profile will not be refunded by Consulate Brewing Company.
Points will not be refunded to the Member account until Consulate Brewing Company has receipt of the Reward and verification the Reward is not damaged, used, or redeemed, if applicable. You are responsible for including your name, address and Account Number in the return package. You are responsible for ensuring accurate and timely return of any Rewards. Consulate Brewing Company is not responsible for lost, late, misdirected, mutilated, incomplete, or illegible returns.
Redemptions involving date-specific events or activities will adhere to the terms and conditions of the specific event or activity. Consulate Brewing Company is not responsible nor liable for any cancellation policies and will not be held liable for cancellations, rescheduling conflicts, or other issues arising from the postponement or cancellation of any redeemed ticket, experience, activity or event. It is your sole responsibility to be informed of the specific cancellation policy for each individual event. Consulate Brewing Company has not obligation to provide any refunds for any event, whether it is missed due to cancellation, reschedule, or any other reason.
Indemnification, Hold Harmless & Limitation of Liability
By participating in the Consulate Club program by attempting to earn points, redeem points, or participate in any other component of the Program, including the visitation of the company Website or Mobile App, you agree to fully indemnify, hold harmless and defend Consulate Brewing Company, its directors, officers, employees, agents, affiliated and partners from and against all claims, demands, actions, suits, damages, liabilities, losses, ettlements, judgments, costs and expenses, whether or not involving a third party claim, which arise our of or relate to any act or omission of Consulate Brewing Company or its Partners. This includes - but is not limited to - all attorney's fees and court costs.
To the maximum extent permitted by law, Consulate Brewing Company and its Partners expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with the Program or in connection with the use, inability to use, or results from usage of any Consulate Brewing Company product, website or Mobile application, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, personal injury, property damage, dismemberment, death and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
To the fullest extent permitted by law, your sole and exclusive remedy will be limited to the reimbursement of the charges for services or products paid by you to Consulate Brewing Company.
Participation in certain Redeemable activities may involve greater risk than others. Consulate Brewing Company encourages Members to review all relevant rules, precautions and warnings of any activity or product. Consulate Brewing Company does not represent or warrant that participation in any activity, or redemption or any product or service, is advisable or without risk. Consulate Brewing Company is not liable for damages or losses that may result from participation in, or consumption of, any activity, product or service offered on the Consulate Club website or Mobile app.
Governing Law & Dispute Resolution
These Terms and Condition shall be governed by and enforced in accordance with the laws of the Commonwealth of Virginia, United States, witout regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms and Conditions may be filed only in the state or federal courts located in the Commonwealth of Virginia, United States. You waive any right you may now have or hereafter posess to a trial by jury.
Except with respect to any claim or dispute arising from the ownership, validity or use of any Consulate Brewing Company or Consulate Club trademarks or service marks, any dispute arising out of or related to the Program shall be submitted for and resolved in binding arbitration before the American Arbitration Association (AAA). Consulate Brewing Company shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injuctive relieve and/or declaratory relief from a court of competent jurisdiction.
Arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be in Fairfax, Virginia and in accordance with current Commercial Arbitration Rules of the AAA. You waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding to settle disputes. You waive any right to a jury trial for such disputes. The rules in arbitration are different from rules that apply in court.
Other than required by law, the arbitration process shall remain confidential and not be disclosed to anyone other than the parties to this Agreement. This prohibition applies to, but is not limited to, any rulings, decisions, or orders of the arbitrator.
Any and all claims arising out of the Program shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
You agree that you will not file a class action against Consulate Brewing Company or participate in a class action against Consulate Brewing Company. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Consulate Brewing Company.
The Arbitration section of this agreement shall survive termination of the Program and/or your participation in it. If any portion of this Arbitration section is deemed invalid or unenforceable under any law or statute, it shall not invalidate the remaining portions of this rbitration section, these Program Rules, or any prior agreement you have had with us, each of which shall be enforceable regardless of such invalidity.
Additional Program Rules
You must be at least 21 years of age to access our website or any of our Online Services, including use of the Mobile App and participation in the Program.
Rewards and Points have no cash value and cannot be exchanged for cash or credit. Rewards and Points cannot be transferred to any other account or rewards program.
Consulate Club members have no ownership interest in accrued points; accrued points do not constitute property of the member and can be revoked, reduced or removed at any time for any reason. Use of the word "earn" in marketing materials in relation to the Consulate Club program shall mean "collect" and will not infer that any collected points have monetary or other value until redeemed.
Points cannot be purchased, sold, traded or transferred. Points will not be replaced if lost, stolen, destroyed or expired.
The Consulate Club Program, its points and its rewards, are not available and void where prohibited by federal, state, provincial, or local regulation.
All reward redemptions are final. Consulate Brewing Company is not responsible for any action by a third party partner. By redeeming Consulate Club points you agree to indemnify and hold harmless Consulate Brewing Company, its affiliates, subsidiaries, and program partners from any and all claims.
We are not responsible for written, photographic, or other errors or omissions. We reserve the right to correct any and all such errors or ommissions at any time, even if it affects pending Reward redemptions.
By participating in the Program, you accept all terms and conditions in these rules and release and hold harmless from any claim, liability, or damage relating to the Program or use of any Reward you request Consulate Brewing Company, its program administrator, the company's employees, directors, officers, representatives, and Program Partners.
Fraud or abuse, including suspected fraud or abuse, relating to the accrural of Points or any redemption of Rewards will result in forfeiture of all accrued points and terminiation of your Program membership. The Company reserves the right to persue legal action in the event of fraud, misrepresentation, abuse or violation of these Program Rules.
Other terms and conditions may apply to the Program. Additional terms and conditions may apply to each Reward.
Consulate Brewing Company reserves the right to amend or revise the Program length, eligibility requirements, eligible products, point awards and scope of the Program at any time.
Neither the Program nor any Reward offered by the Program creates, constitutes, implies or gives rise to any legal or contractual rights by the Program members against the Program Administrator or Company.
Consulate Brewing Company reserves the right to remove access and place a hold on Points for any member deemed or suspected to have violated these Program Rules.
To the maximum extent permitted by law, Consulate Brewing Company makes no express or implied representation of warranty as to any reward and will not be liable for injury, damage, loss or expense resulting from the use or acceptance of a reward, including bodily injury, dismemberment or death. Members redeem experiences at your own risk and accept all potential associated risks. All information available on the website or related mobile apps is provided "as is" without warranty of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranteis or any guaranty or assurance that information will be available, adequate, accurate, uninterrupted, complete or without error.