Loyalty Program Terms & Conditions
Please read these Terms & Conditions carefully. Several provisions in these Terms & Conditions affect your legal rights. By participating in the New Realm Brewing Loyalty Program (“Loyalty Program”) or using the New Realm Brewing App (“App”), you agree that you have read, understand, and agree to be bound by the terms and conditions described herein and all terms and conditions incorporated by reference. If you do not agree to all of these terms and conditions, do not participate in the Loyalty Program or use the App.
Welcome to the New Realm Brewing Loyalty Program! These Terms & Conditions (“Terms”) apply to your participation in the Loyalty Program and/or use of the App. The Loyalty Program and App are owned and operated by ABW Virginia Beach, LLC and/or its parent companies, subsidiaries, licensees, franchisees, and affiliated companies (collectively, “New Realm Brewing”).
If at any time you do not agree to these Terms, you must immediately stop participating in the Loyalty Program and using the App. The Loyalty Program is void where prohibited or restricted by law. Points may not be awarded for the purchase of alcohol and rewards may not be redeemed for alcohol at all New Realm Brewing locations. You may enroll in the Loyalty Program if you: (i) are a legal resident of the United States; (ii) are at least 21 years of age at the time you enroll; (iii) have an active, valid e-mail address; and (iv) are a human being. No corporations, partnerships, limited liability companies, or other legal entities or business associations can participate in the Loyalty Program. The Loyalty Program is neither targeted for nor intended for use by any person under the age of 21. Employees of New Realm Brewing are not eligible to participate in the Loyalty Program.
New Realm Brewing reserves the right to change, modify, and/or eliminate the Loyalty Program, App, these Terms, and/or any policy, FAQ, and/or guideline pertaining to the Loyalty Program or App at any time and in its sole discretion. Any changes, modifications, or eliminations will be effective immediately upon posting the changes, modifications, or eliminations to https://newrealmbrewing.com/loyalty-program-faq. You waive any right that you may have to receive specific notice of such changes, modifications, or eliminations. Your sole and exclusive remedy if you do not agree to any such changes, modifications, or eliminations is to withdraw from the Loyalty Program and discontinue your use of the App. Your continued participation in the Loyalty Program or use of the App after any such changes, modifications, or eliminations confirms your acceptance of such changes, modifications, or eliminations. You should review these Terms and applicable policies frequently to keep abreast of any changes, modifications, or eliminations that apply to the Loyalty Program and/or App.
The Loyalty Program
New Realm Brewing uses the Loyalty Program to thank loyal guests for visiting New Realm Brewing’s locations and purchasing New Realm’s products. Members of the Loyalty Program are eligible to earn and accumulate points that can be redeemed for benefits at participating New Realm locations in the United States.
To enroll in the Loyalty Program, simply download the App from the Apple Store, Google Play or our website https://newrealmbrewing.com/ (the “Website”) and follow the directions to create an account (“Account”). There are no membership fees associated with the Loyalty Program. You may cancel your Account at any time by following the directions on the App or Website. When you cancel your Account, New Realm Brewing will deactivate your Account and you will forfeit all rewards, points, and other benefits of being a Loyalty Program member that you may have earned.
The benefits that are available to you through the Loyalty Program are based on the number of “Points” that you earn. Members earn Points when making purchases of food and merchandise at participating New Realm Brewing locations or through the App for dine-in, carry-out or delivery. To receive points for a qualified purchase, you must present your email, name or phone number to your server before you pay. Points will be automatically credited to your Account for any qualifying online purchase. You can track the Points and rewards that you have earned by logging into your Account on the App. You will receive one (1) Point for $1 spent (excluding tax, gratuity, shipping and delivery charges), except during limited time promotions when New Realm may offer bonus points on featured products and/or services. Points cannot be earned on tax, gratuity, shipping or delivery charges, the purchase of gift cards or when using an earned reward. In addition, points cannot be earned on purchases of New Realm products through third-party delivery services. No partial points will be earned or accumulated; points will be earned on whole dollars spent.
You will receive a $25 reward for every 250 points earned. Your rewards are not valid on the same transaction that earned the Points and are valid on your next visit to a participating New Realm location only. The maximum amount of rewards you may earn in any one transaction is $2,000.
We may award rewards to you for certain events. You will receive an award of a $10 reward after 10 visits to participating New Realm locations, on your birthday and on the anniversary of joining the Loyalty Program. Rewards that we award to you expire 30 days after the date they are awarded, will automatically be removed from your Account, and cannot be redeemed or used with any other rewards.
Points accumulated under the Loyalty Program are promotional and have no cash value. Your Account and any Points in your account are personal to you and may not be sold, gifted, bartered, pledged, transferred, and/or assigned, or shared with family, friends, or others. You may only have one Account. Your Account may not include any fictitious, inaccurate, or offensive information. New Realm Brewing reserves the right to terminate your Account and/or your participation in the Loyalty Program if New Realm Brewing determines, in its sole discretion, that you have violated these Terms or that your use of your Account is unauthorized, fraudulent, and/or unlawful. New Realm Brewing also reserves the right to deactivate any Account that has been inactive for two (2) consecutive years, meaning no new points were earned as a result of your purchases in that time.
When you visit the App or send e-mails to New Realm Brewing, you are communicating with New Realm Brewing electronically. By using the App or participating in the Loyalty Program, you consent to receive communications from New Realm Brewing electronically, including targeted e-mails, surveys, and promotional offers. New Realm Brewing will communicate with you by e-mail, push notification, or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that New Realm Brewing provides to you electronically satisfy any legal requirement that such communication be in writing. You further agree that any notices provided by New Realm Brewing electronically are deemed to be given and received on the date that New Realm Brewing transmits such electronic communication. New Realm Brewing reserves the right to send you e-mails for administrative purposes even if you opt out of these communications.
The Loyalty Program and the App are provided on an “as is” and/or “as available” basis. To the fullest extent permitted under applicable law, New Realm Brewing hereby expressly disclaims any and all representations and warranties, whether express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, accuracy, merchantability, or fitness for a particular purpose. Without limiting the foregoing, New Realm Brewing does not guarantee that the App will be error-free, uninterrupted, and/or free of viruses and/or other harmful components, or that any defects will be corrected.
Limitations of Liability
In no event shall New Realm Brewing, any of its affiliates, or any of its or their respective officers, directors, employees, agents, representatives, advisors, or consultants be liable to you or to any third party for any damages (including incidental, indirect, special, punitive, exemplary, or consequential damages and/or attorney’s fees), direct or indirect, whether in contract, tort, strict liability, statute, or any other legal or equitable theory, arising out of or in connection with your use of the App, your participation in the Loyalty Program, and/or these Terms, whether or not New Realm Brewing may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy. Some states do not permit the exclusion or limitation of certain damages. In such jurisdictions, liability is limited to the fullest extent permitted by such state law.
Binding Dispute Resolution & Arbitration
Please read this section carefully. By participating in the Loyalty Program or using the App, you agree that any dispute, claim, and/or controversy arising out of or relating to your participation in the Loyalty Program, use of the App, and/or these Terms, or the breach, enforcement, interpretation, or validity thereof (whether based in contract, torts, statute, fraud, misrepresentation, or any other legal or equitable theory) shall be submitted to, and determined by, binding and confidential arbitration in Virginia Beach, Virginia, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and you and the other parties participating shall share equally in the costs assessed for the arbitration. The arbitrator’s decision shall be final and binding, and judgement may be entered by any court having competent jurisdiction. This provision is intended to be interpreted broadly to encompass all disputes and/or claims arising out of your participation in the Loyalty Program and/or use of the App.
This provision of the Terms shall survive the termination of your Account, your discontinued participation in the Loyalty Program, and/or your discontinued use of the App. If any clause within this provision is found to be illegal and/or unenforceable, that clause will be severed from the this provision, whose remainder will be given full force and effect.
This agreement will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.