Terms & Conditions
Read the full details of our terms & conditions below.
Last Updated: December 16, 2019
Legal Drinking Age. WE OFFER THE SERVICES TO THOSE INDIVIDUALS WHO ARE 21 YEARS OF AGE OR OLDER. DO NOT USE THE SERVICES IF YOU ARE NOT AT LEAST 21 YEARS OLD.
The Appliance. The Services are intended to operate in cooperation with the Drinkworks Home Bar (the “Appliance”). The Appliance is used to prepare alcoholic beverages and is intended for use only by persons 21 years of age or older. Please drink responsibly. You may only use the Services to connect to the Appliance. You may not connect to the Services with any device that is not manufactured, distributed, or sold by Drinkworks itself or through its authorized resellers or agents. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services. If you have any questions, please contact us at www.drinkworks.com or email@example.com.
Use of Our Services. The Services are for your personal, non-commercial and lawful use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Services or any content, information, software, products or services obtained from the Services, for any commercial purpose or enterprise. You may not use the Services, or any content within the Services, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of Drinkworks or other individuals or entities.
Subject to your compliance with these Terms, you may access the Website and display the content of the Services made available via the Website, and, subject to any expressly stated restrictions or limitation relating to specific material on the Services, electronically copy or download onto your device or other technology used to access the Services portions of the content from the Services, strictly for your personal, non-commercial, lawful use. Subject to your compliance with these Terms, Drinkworks grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the App for your use on a single mobile device that is compatible with the App and is owned or otherwise controlled by you; and (b) access, stream, download, and use on such mobile device the content and services made available in or otherwise accessible through the App. If you make any other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Prohibited Uses. You may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to the Services, any portion thereof, including content accessible via the Services, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Services or any content on the Services; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source. You agree that you will not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You will not use the Services to violate any applicable law, rule or regulation and you will not encourage or enable others to violate any applicable law, rule or regulation.
Accounts. You may choose to set up an account with us. When you set up an account, you are required to provide us with your email address. We, or our service provider, will send you an email with a link (that expires after a certain amount of time) to the email address that you provided. To access your account, please click on the link and you can sign into your account. When you create an account with us, you represent to us that you are above the age of 21, and that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Services. You are responsible for maintaining the confidentiality of your account, including, but not limited to, the restriction of access to your mobile device and/or your account. You agree to accept responsibility for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your authorized link, control access to and use of your account, and notify us when you desire to cancel your account on the Services. You may not use anyone else’s authorized link or account at any time on the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Services if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.
Intellectual Property. You acknowledge and agree that the Services is provided under limited license and access rights and not sold to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the Services in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, Drinkworks. Drinkworks and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.
Promotions. From time to time, Drinkworks may, but is not obligated to, offer special promotions, coupons, sweepstakes, contests, giveaways and other promotional programs (“Promotions”) that may be governed by separate eligibility requirements, time limits,restrictions, terms and conditions that will be made available to you. You agree that your participation in any Promotions will be subject to such other requirements, limits, restrictions, and conditions.
Updates and Unavailability. We may from time to time, in our sole discretion, develop and provide Services updates, which may include upgrades, bug fixes, patches or other error corrections, or new features. We may add or remove features or requirements and we may suspend or stop a feature altogether. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. For the App, based on your mobile device settings, when your device is connected to the internet either (a) the App will automatically download and install all available updates or (b) you may receive notice of or be prompted to download and install available updates. You agree that all updates will be deemed part of the Services and subject to these Terms. You acknowledge that the Services may, from time-to-time, be unavailable due to events like scheduled and unscheduled maintenance, system upgrades, internet outages, and other reasons, some of which are beyond our control. Drinkworks cannot, and does not, guarantee any specific minimum availability of the Services.
Third Party Service Providers. Drinkworks uses third parties to provide certain portions of the Services. For example, we have engaged service providers to provide website development, hosting and support on our behalf.
Feedback and Submissions. We welcome your feedback, comments, ideas and reviews about the Services (“Feedback”). You agree, however, that by submitting Feedback to us, (i) such Feedback shall be deemed to be non-confidential, and (ii) we and our agents shall be free to use such information on an unrestricted basis, without compensation, acknowledgement or notice to you.
Eligibility. Drinkworks Affiliate program is open to those 21+ who have not, and will not, be accused of any felony, misdemeanor or crime that could bring Drinkworks, or its brand disrepute (including alcohol-related violations such as DUIs). Those who do not hold or have an interest in an alcohol beverage license or establishment licensed to sell alcohol beverage at retail (including, but not limited to, a bar, restaurant, liquor store, grocery store, or convenience store) are ineligible for participation.
Any online posting made as part of this program must comply with the U.S. Federal Trade Commission’s guidelines for endorsements and testimonials, the Distilled Spirit Council’s Code for Responsible Practices for Beverage Alcohol Advertising and Marketing, and be the original content of the poster. Any advertisements must be intended for those above 21 and portray beverage consumption in a responsible manner. Participants agree to remove, take down, or modify online content at the discretion of Drinkworks. Users agree to obey all local, city, state and federal laws. If at any time, in the opinion of Drinkworks, user become the subject of public disrepute, contempt, or scandal that affect user’s image or goodwill, Drinkworks may suspend or terminate user involvement in this program.
Breaching this agreement may serve as grounds to terminate user’s participation in the Drinkworks Affiliate program. Drinkworks reserves the right to terminate your participation in the affiliate program at any time.
WARRANTY DISCLAIMERS. Your use of the Services is at your sole risk. Use of the Services should not replace your judgment or common sense. We are not responsible for any activities that are the direct or indirect result of drinking alcoholic beverages and/or using the Services. We do not support excessive drinking. Please drink responsibly and use the Services responsibly.
The Services, including, without limitation, any materials, information, content, functions, products, text, graphics and links thereon, are provided on an "AS IS" and "AS AVAILABLE" basis, and are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, non-interference, data accuracy, system integration, and warranties arising from trade usage, course of dealing or course of performance. the protected entities do not warrant that (a) the Service and Services will function uninterrupted, secureLY or BE available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services ARE free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements. DRINKWORKS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DRINKWORKS, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SERVICES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, \PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE SERVICES, BY YOU OR ANY PERSON USING YOUR ACCOUNT; (B) BREACH OF THESE TERMS BY YOU OR ANY PERSON USING YOUR ACCOUNT; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR ACCOUNT; AND (D) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR ACCOUNT.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRINKWORKS OR ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (a) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Governing Law and Venue. These Terms and the relationship between you and Drinkworks will be governed and construed in accordance with the laws of Delaware, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of the state of Delaware. If any provision for these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
Jurisdictional Issues; Export Regulation. The Services is operated out of the United States. We make no representation that the Services, or content or information available via the Services, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws. The Services may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations.
Electronic Communications. The communications between you and us use electronic means, whether through the Website or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.
Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms will become effective upon posting of revised terms. If we make material changes to these Terms, we will post the updated Terms on the Website, in the App and/or provide notice to you that the Terms have been updated via email or an in-App alert.
Copyright. If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Services, please contact us by email at firstname.lastname@example.org.
Third-Party Provisions. If you downloaded the App from the Apple App Store™, then this Section applies to you. You acknowledge that: (a) these Terms are between you and Drinkworks; (b) Drinkworks, not Apple, Inc. (“Apple”),is solely responsible for the App and the content therein; (c) Apple has noobligation to furnish any maintenance or support for the App; Drinkworks, notApple, is responsible for addressing any claims of you or any third partyrelating to the App or your possession and/or use of the App, including, but notlimited to product liability claims, claims that the App fails to conform to anyapplicable legal or regulatory requirement, and claims arising under consumerprotection, privacy or similar legislation; any claim that the App fails toconform to any applicable legal or regulatory requirement; and claims arisingunder consumer protection or similar legislation; and (d) in the event of anythird party claim that the App or your possession and use of that App infringesthat third party’s intellectual property rights, Apple will have noresponsibility for the investigation, defense, settlement and discharge of anysuch intellectual property infringement claim. In the event of any failure ofthe App to conform to any applicable warranty, you may notify Apple, and Applewill refund the purchase price for the App to you; and that, to the maximumextent permitted by applicable law, Apple will have no other warranty obligationwhatsoever with respect to the App, and any other claims, losses, liabilities,damages, costs or expenses attributable to any failure to conform to anyapplicable warranty will be Drinkworks’ responsibility. You represent andwarrant that (i) you are not located in a country that is subject to a U.S.Government embargo, or that has been designated by the U.S. Government as a“terrorist supporting” country; and (ii) you are not listed on any U.S.Government list of prohibited or restricted parties. You and Drinkworksacknowledge and agree that Apple, and Apple’s subsidiaries, are third partybeneficiaries of these Terms, and that, upon your acceptance of the terms andconditions of these Terms, Apple will have the right (and will be deemed to haveaccepted the right) to enforce these Terms against you as a third-partybeneficiary thereof.
Drinksworks® 12 Days of Giving Sweepstakes Official Rules OPEN ONLY TO RESIDENTS OF CA, FL, IL, MO, NY AND PA 21 AND OLDER. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. MANY WILL ENTER, 12 WILL WIN. A FACEBOOK® ACCOUNT IS REQUITED TO ENTER. JOINING FACEBOOK IS FREE. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.
- Eligibility. The Drinkworks 12 Days of Giving Sweepstakes (this “Sweepstakes”) is open only to (a) Facebook account holders who (b) reside in California, Florida, Illinois, Missouri, New York and Pennsylvania, (c) who are at least 21 years of age at the time of entry, and (d) are not employed by or have an interest in a retailer of alcoholic beverages (including a restaurant, bar, grocery or liquor store). This Sweepstakes is open only to entrants who have an account on Facebook. Creating an account on this platforms is free and may be done by downloading their applicable free mobile app from the Apple® App Store or Google® Play. Apps for mobile devices can be downloaded at no cost from Apple® App Store or Google® Play. You can also create a Facebook account at www.facebook.com . Internet access or mobile data charges may accrue depending on device used to enter and according to the internet/mobile carrier’s terms. Seek out a free public wi-fi hotspot to avoid any such charges. Employees of Sponsor, members of their families (parents, siblings, children, and their respective spouses) and/or those residing in the same household as such employees (whether related or not) are not eligible to participate in this Sweepstakes. For a copy of these Official Rules, print them from www.drinkworks.com/terms .
- Sweepstakes Period. This Sweepstakes begins on Monday, December 9, 2019 at 12:00:01 a.m. Eastern Time ("ET") and ends on Friday, December 20, 2019 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsor’s time-keeping device is the official time-keeping device for the Sweepstakes. The Sweepstakes Period is subdivided into 12 separate daily entry periods, as follows: • Entry Period 1: December 9, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 2: December 10, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 3: December 11, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 4: December 12, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 5: December 13, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 6: December 14, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 7: December 15, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 8: December 16, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 9: December 17, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 10: December 18, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 11: December 19, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET • Entry Period 12: December 20, enter between 12:00:01 a.m. ET and 11:59:59 p.m. ET
Your entry will only be entered into the Entry Period to which it corresponds. Feel free to enter daily. Limit 1 entry daily.
3. How to Enter. During the Sweepstakes Period, as often as once daily during such period,
(a) Like and Comment on Sponsor’s daily post regarding this Sweepstakes on the official Drinkworks page on Facebook (www.facebook.com/drinkworksUS/ using the hashtag #Drinkworks12daysweeps.
(b) Tag a friend facebook using the hashtag #Drinkworks12dayssweeps.
Conforming entries will be entered to win in the daily entry period in which they were made. No profanity, violence, threatening language, illegal or offensive material, derogatory or defamatory comments, or inappropriate, indecent or obscene content, as determined by Sponsor in its sole discretion, is permitted in connection with any entry.