Terms & Conditions

BY PARTICIPATING IN THIS LOYALTY REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN.

The online Magnotta Reward Points Loyalty Program (“Online Program”) and the in-store Magnotta Reward Points Loyalty Program (“Retail Program”) (collectively, the “Programs”) are separate loyalty programs offered by Magnotta Winery Corporation (“Magnotta” or “us”), each governing the accrual of loyalty rewards points (“Points”) through online and in-store channels, respectively.

These Terms and Conditions (“Terms & Conditions”) apply equally to both Programs, except where expressly stated to apply specifically to the Online Program or the Retail Program.

The Programs are available only to individuals and are not open to corporations, businesses, charities, partnerships, or other entities, unless Magnotta provides prior written approval in its sole discretion. Magnotta further reserves the right to limit Points awarded in connection with any offer or promotion to reasonable household quantities.

Membership

Customers may enroll in either Program or both Programs (each such Customer, a “Member”) and earn Points under each independently, allowing Members to receive the benefits of each Program separately. Points earned through purchases on the Magnotta online store (magnotta.com/shop) will be associated with the Online Program, and Points earned through purchases from Magnotta retail stores (magnotta.com/stores) will be associated with the Retail Program. A separate customer account (“Customer Account”) and Customer Number (“Customer Number”) will be issued for each Program. Points may not be combined, pooled, merged, transferred, assigned, converted, or otherwise exchanged between the Programs. Magnotta reserves the right, in its sole discretion, to combine, modify, or discontinue either or both of the Programs, in whole or in part, at any time, with or without prior notice.

Membership is free of charge and is activated upon the creation of a Customer Account through the applicable program enrollment methods described below. Participation in the Programs is limited to residents of Canada who have reached the age of majority in their jurisdiction of residence. For more details on how personal information is collected, used, disclosed and otherwise managed by Magnotta please refer to our Privacy Policy.

All accounts under the Programs remain the property of Magnotta and may be suspended, terminated, or revoked at any time, at Magnotta’s sole discretion.

Online Program

Customers may enroll in the Online Program by creating an account at magnotta.com/login (“Online Account”). To establish an Online Account, individuals must provide the following information: first name, last name, email address, mailing address, and phone number. Customers may also be required to provide their date of birth for age verification purposes. A Customer Number (“Online Customer Number”) will be automatically assigned to each Online Account. Customers will receive a registration email that confirms their enrollment. Upon confirmation, Points will automatically accrue to the Online Customer Number when the Member makes qualifying purchases through the Online Account.

Retail Program

Customers may enroll in the Retail Program by applying for a Magnotta points card (“Points Card”) with a designated customer number (“Retail Customer Number”) at participating Magnotta stores in Ontario, and providing the following information: first name, last name, email address, mailing address, and phone number (“Retail Account”). Customers may also be required to provide their date of birth for age verification purposes. Customers will receive a registration email that confirms their enrollment. Upon confirmation, Points will automatically accrue to their Retail Customer Number when the Member makes qualifying purchases through the Retail Account. The activation process includes a one-day waiting period before the Retail Account is recognized at participating retail stores other than the location where the Member enrolled. During this period, the Member will not be able to earn Points at other Magnotta retail stores. A physical Points Card is not required for Retail Program participation.

To unenroll from the Online Program or the Retail Program, you must: (i) submit a written request via email to marketing@magnotta.com; or (ii) submit a written request via postal mail to Magnotta Winery Corporation, Attn: Magnotta Rewards Program, 271 Chrislea Road, Vaughan, Ontario, L4L 8N6 (Weston Rd. & Hwy. 7).

Earning Points

A Member may earn Points by purchasing products assigned a Point value. Each SKU (a unique identifier assigned to individual retail products) may be assigned a specific Point value at Magnotta’s discretion. Point allocations are intended to maintain reasonable consistency within product categories; however, Magnotta reserves the right to adjust point values at any time without prior notice.

Online Program

To earn Points associated with your Online Account, you must make a qualifying purchase online at the following website: magnotta.com/shop. You must be logged into your Online Account at the time of purchase, and the transaction must be completed through that account in order for Points to be awarded.

Retail Program

To earn Points associated with your Retail Account, you must visit a participating Magnotta retail location and complete a qualifying purchase. At the time of purchase, you must present your Points Card or provide identifying information associated with your account, such as your email address, telephone number, name, address, or account number.

General

Where available, Points may also be earned by submitting certain product reviews, subject to any additional terms, conditions, or eligibility requirements communicated by Magnotta. Magnotta reserves the right to introduce additional methods of earning Points at any time, at its sole discretion, with or without prior notice.

Points will not be issued retroactively. Points are non-transferable and may not be transferred between Members or Customer Accounts. Points may be earned only by the Member who pays for qualifying purchases. Point balances are maintained in Magnotta’s records and are automatically updated each time a Customer Number is used in connection with a method of earning Points. Upon termination or closure of a Customer Account, all accumulated Points will be forfeited, and the Point balance will be reduced to zero.

Redeeming Points

In the Online Program, points are accumulated over multiple transactions and may be converted into rewards. For the Retail Program, points are accumulated on a transaction and then immediately converted into rewards. Once a reward is issued based on redeemed Points, the corresponding number of Points will be deducted from the Customer Account.

Points are redeemed at a rate of $0.01 per point and applied to eligible items using a designated payment method labelled “POINTS”, reducing the amount paid at checkout. Taxes are calculated based on the full retail price before Points are applied, in accordance with applicable laws.

Points may only be collected or redeemed by the Member and may not be collected or redeemed by any other person. Members may be required to provide proof of identity when redeeming Points. Each Member is responsible for ensuring that their information is accurate and up to date, and Magnotta reserves the right to refuse or block the collection or redemption of Points where Member information is inaccurate or incomplete.

Redemption of rewards will result in a deduction of Points from the Customer Account equal to the applicable reward amount. ALL REWARDS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SPONSOR DISCLAIMS ALL LIABILITY AND ACCEPTS NO RESPONSIBILITY WHATSOEVER IN CONNECTION WITH THE REWARDS.

Points may not be transferred, assigned, exchanged, purchased, gifted, sold, traded, bartered, rented, or otherwise disposed of, except by Magnotta. Points Cards, Customer Accounts, Customer Numbers, Rewards and Points have no cash or market value and are not redeemable for cash, except where required by applicable law. Points are void if sold or exchanged for cash or any other form of consideration. Magnotta will not be liable or responsible in any manner for any tax consequences arising from a Member’s participation in the Program.

Returns and Exchanges

If a product that earned Points on a transaction is returned or exchanged, the corresponding Points will be removed from the Customer Account.

Expiration of Points

Points will expire due to inactivity if the Member has neither earned nor redeemed any Points on their Customer Account for a period of twelve (12) consecutive months. Points must be used within this twelve (12) month period to avoid expiration. Expired points will be permanently removed from the Customer Account and will not be reinstated.

General

By enrolling in the Programs, Members agree to be bound by these Terms & Conditions. Magnotta reserves the right, at any time and without prior notice, to limit the Programs, modify these Terms & Conditions, and/or engage a third party to administer the Programs. This includes, without limitation, modifying, altering, adding, or removing Program benefits, Point values, redemption thresholds, reward delivery methods, and conditions for maintaining active status. Members are responsible for periodically reviewing these Terms & Conditions for any updates. Magnotta may terminate the Programs at any time upon reasonable notice to Members. If events beyond Magnotta’s control materially affect its ability to operate the Programs, Magnotta may suspend or terminate the Programs without prior notice. In the event a Program is discontinued, Members may be permitted to redeem any remaining Points in their Account, unless otherwise determined or communicated by Magnotta. Magnotta reserves the right to verify Member eligibility and to resolve or adjudicate any disputes at its sole discretion at any time.

To the fullest extent permitted by applicable law, Magnotta shall not be liable for any suspension, modification, or termination of the Programs, including, without limitation, the forfeiture of Points, inability to redeem Points, or any other claims arising from or related to such actions, and Members hereby release Magnotta from any such claims.

Except for (i) claims relating to Magnotta’s intellectual property rights and (ii) matters eligible for small claims court, and to the extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to the Programs or the relationship between the Member and Magnotta, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved by final and binding arbitration administered by the ADR Institute of Canada, Inc. (ADRIC) in accordance with its applicable arbitration rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Members waive any right to a trial in court or by jury, except as expressly provided above. All arbitration proceedings shall be conducted on an individual basis only; class actions and class arbitrations are not permitted, to the extent allowed by applicable law. The arbitrator shall decide all issues, except that issues relating to the scope, application, and enforceability of this arbitration provision shall be determined by a court of competent jurisdiction. This arbitration provision shall survive termination of the Member’s participation in the Programs.

Notwithstanding the foregoing, if the laws of the province or territory in which the Member resides require or deem that local law applies to disputes arising from the Programs, such disputes shall be governed by and conducted in accordance with those laws. Nothing in these Terms & Conditions limits the application of applicable consumer protection laws or restricts jurisdiction or venue to a forum outside the Member’s province or territory of residence where such restriction is prohibited.

Abuse of the Programs, unauthorized, fraudulent, or improper use of or interference with the Programs, failure to comply with these Terms & Conditions, the sale, transfer, or barter of Points, or any other conduct deemed inappropriate by Magnotta in its sole discretion, may result in the suspension or termination of the Member’s account without notice, disqualification from future participation in the Programs, and forfeiture of all accrued Points. Points and rewards are subject to applicable laws and regulations and are void where prohibited.

Subject to provincial law, the Programs are governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario.

Questions

Please contact us via our website or via postal mail at: Magnotta Winery Corporation, Attn: Magnotta Rewards Program, 271 Chrislea Road, Vaughan, Ontario L4L 8N6 (Weston Rd. & Hwy. 7).