Off-Centered Society Terms and Conditions

PLEASE READ THESE OFF-CENTERED SOCIETY TERMS AND CONDITIONS (“TERMS”) CAREFULLY. BY PARTICIPATING IN THE OFF-CENTERED SOCIETY PROGRAM (“OCSP”) YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO CANNOT ENROLL IN THE OCSP.

These Terms apply to your participation in the OCSP, which is operated by Dogfish Head Craft Brewery LLC, or its respective subsidiaries, licensees and affiliated companies (collectively, “Dogfish ") in the State of Delaware. Dogfish reserves the right to change, modify and/or eliminate the OCSP or all or any portion of these Terms any policy, FAQ or guidelines pertaining to the OCSP at any time and in its sole discretion. Dogfish Head will provide notice of changes or modifications to these Terms at www.dogfish.com. This notice will be effective immediately upon posting the revisions and you waive any right you may have to receive specific notice of such changes or modifications. Your continued participation in the OCSP confirms your acceptance of these Terms and any such changes or modifications; therefore, you should review these Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to the OCSP. If you do not agree to the Terms, you cannot participate in the OCSP and all rights and benefits in the OCSP will terminate as provided below.

The OCSP program is intended for personal use only. Commercial use is prohibited. Membership is intended for individual use only, and is not available to organizations, legal entities or groups such as, but not limited to businesses, churches, non-profits, etc. Your Points and your account under the OCSP are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others. You may have only one (1) OCSP account that is personal to you. This program is not targeted towards, nor intended for use by, anyone under the age of 21. If you are under the age of 21, you cannot participate in the OCSP.

Please read Dogfish’s Privacy Policy carefully to understand how Dogfish Head collects, uses and discloses information about customers and how to update or change your personal information and how we communicate with you.

MOBILE APPLICATIONS

Mobile applications and mobile versions of the OCSP may collect precise information about the location of your mobile device using location awareness technologies such as GPS, Wi-Fi, Bluetooth or cell tower proximity. OCSP uses this information for location-based services that you request such as locating nearby Dogfish Head locations or identifying special offers that may be of interest to you, or personalizing your interactions with Dogfish Head. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through the device settings. If you have questions about how to disable your mobile device’s location services, we recommend you contact your mobile device service provider or the device manufacturer. If you would like us to delete all information we have collected, please contact us at the email or postal address listed below. Please note that the applications may not function properly following deletion, and that we may be required by law to retain certain information.

In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, including the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.

ENROLLING IN THE PROGRAM

There are three (3) ways to enroll in the OCSP and begin accumulating Points:

Membership in the OCSP is $25.00 USD. Your membership fee payment is not a payment that is eligible to accumulate Points. You can pay your membership fee at a participating Dogfish location only. Once you become a Registered Off Centered Society Tier member you will be eligible to receive 1 free gift per membership year from Dogfish. The specific gift provided to you will be determined in Dogfish’s sole discretion and will depend upon current inventory available to Dogfish at the time, as well as other factors. To remain in the Registered Off-Centered Society Tier, you must renew your membership annually, including the payment of the annual membership fee. Membership must be renewed annually no later than your enrollment date. If your membership expires, you will not be able to redeem rewards until you renew your membership.

MEMBERSHIP TIERS

There are four Membership Tiers in the OCSP:

 

    1. If you pay immediately upon enrollment in the OCSP at a participating Dogfish Head location, you will enter the Unregistered Off-Centered Society and receive an OCSP Rewards Card.
    2. You will remain in the Unregistered Off-Centered Society Tier until you register your OCSP Rewards Card via the Dogfish OCS mobile app or the https://offcenteredsociety.myguestaccount.com/guest/website.
    3. As an Unregistered Off-Centered Society Tier member, you will be able to accumulate Points in accordance with these Terms, but you will not be able to receive your 50-Point registration reward or redeem your Points until you register your OCSP Rewards Card. You must have an active, registered and paid account to use rewards.
    4. Upon registration of your OCSP Rewards Card, you will receive your 50-Point registration reward and enter the Registered Off Centered Society Tier (see below).

 

    1. You will enter the Registered Off-Centered Society Tier once you have registered your OCSP Rewards Card and paid for your membership at a participating Dogfish location (as either a Pre-Off Centered Society Tier or Unregistered Off-Centered Society Tier member).
    2. Once you become a Registered Off-Centered Society Tier member, you will be eligible to redeem your accumulated Points for a reward in accordance with these Terms.
    3. Once you become a Registered Off Centered Society Tier member you will be eligible to receive free t-shirt per membership year from Dogfish. The specific gift provided to you will be determined in Dogfish’s sole discretion and will depend upon current inventory available to Dogfish at the time, as well as other factors.
    4. To remain in the Registered Off-Centered Society Tier, you must renew your membership annually, including the payment of the annual membership fee. See above, ENROLLING IN THE PROGRAM.

 

    1. If you do not renew your membership in the Registered Off-Centered Society Tier in accordance with these Terms, you will enter into the Expired Off-Centered Society Tier.
    2. In the Expired Off-Centered Society Tier, you will still be eligible to accumulate Points in accordance with these Terms.
    3. As an Expired Off-Centered Society Tier member you will not, however, be able to redeem rewards or receive your gift as noted in (3)(c) above until you renew your membership in the Registered Off-Centered Society Tier in accordance with these Terms, including payment of the annual membership fee.

POINT ACCUMULATION

As a member of the OCSP, you will be eligible to accumulate Points as follows:

REWARDS

Once you have accumulated 100 Points in accordance with these Terms, you will receive a Discount of $10.00 USD off of your purchase at a participating Dogfish Head location or at the online store at https://www.dogfish.com/shop when you:

You may use multiple Discounts on a single purchase, as long as the total purchase, excluding taxes, tip, and any gift cards or gift certificates, and after application of the Discounts, is a minimum of $20.00 USD.

At no point may reward dollars be used for a value that is greater than 50% of your purchase. Discount redemptions cannot be combined with any other discounts or coupons.

Your Reward expires one year (365 days) from the date received.

PROMOTIONS

Dogfish, in its sole discretion, may offer additional promotions in connection with the OCSP. Such promotions, which may be offered via e-mail, the Dogfish OSC mobile app, the https://offcenteredsociety.myguestaccount.com/guest/ website, at participating Dogfish Head locations, or at the online store at https://www.dogfish.com/shop ,or otherwise in Dogfish Head’s sole discretion, are subject to these Terms.

Dogfish may, in its sole discretion, suspend, modify, cancel or terminate any such promotion for any reason without notice to you.

TERMINATION

You can cancel or suspend your OCSP membership at any time by requesting that your membership be cancelled by emailing your request to info@dogfish.com. If you cancel your OCSP membership, all accumulated Points in your account will expire on the date and time that you cancel your membership.

Without notice to you, Dogfish reserves the right to suspend any OCSP account and/or terminate your OCSP account and/or your participation in OCSP if Dogfish Head determines in its sole discretion that you have violated these Terms, you have more than one (1) OCSP account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Dogfish may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in OCSP is terminated, then all accumulated Points in your account are void.

Without notice to you, Dogfish also reserves the right to “unregister" and make ineligible for the OCSP any account that has been inactive for one (1) year. Inactive is defined as no Points earned. In the event that your OCSP account is unregistered, then all accumulated Points in your account are void.

Dogfish Head reserves the right to terminate, discontinue or cancel the OCSP at any time and in its sole discretion without notice to you.

DISCLAIMERS; LIMITATION OF LIABILITY

USE OF THE OCSP AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS AND DISCOUNTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

DOGFISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

DOGFISH MAKES NO WARRANTY THAT (i) THE OCSP WILL MEET YOUR REQUIREMENTS, (ii) THE OCSP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU FROM YOUR USE OF THE OCSP WILL MEET YOUR EXPECTATIONS.

DOGFISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOGFISH HEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE OCSP OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OCSP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE OCSP DATA; OR (iv) ANY OTHER MATTER RELATING TO THE OCSP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

MISCELLANEOUS

Dogfish is not responsible for lost, stolen or damaged cards or unauthorized use.

Points accumulated under the program are promotional and have no cash value. Neither your membership account nor the OCSP Rewards Card constitute a credit, debit or gift card, and neither have a cash value.

The laws of the State of Delaware will govern these Terms, without giving effect to any principles of conflicts of laws. You and Dogfish hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Sussex County, Delaware.

These Terms, including all documents referenced herein, represents the entire understanding between you and Dogfish with respect to the OCSP and supersedes any other agreements, statements or representations.

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

Date of Last Revision to Terms: March 2, 2023