Tom’s Champions Club Loyalty Program Terms & Conditions

Effective Date: July 15, 2025

1. Eligibility. Membership in Tom’s Champions Club Loyalty Program (“Program”) is open only to legal residents of the United States who are at least 21 years old. Age is verified digitally through the date of birth entered at sign-up. One account is allowed per person. Duplicate accounts will result in forfeiture of all points and immediate termination of all associated accounts. You must remain subscribed to both email and SMS communications for transactional and marketing messages to retain Program eligibility.

2. Membership Tiers. The Program includes: MVP (Free Tier): No cost to join. Includes general offers such as a $1 drink offer upon enrollment, free appetizer* on birthday, and contest access. MVP members do not earn points, progress toward higher level, or receive waitlist priority. Premium Tier ($19.99/year): Premium members are automatically enrolled in auto-renewal unless canceled with at least 30 days’ notice before the renewal date. Points are Lifetime Points and never expire. Program benefits are intended solely for the use of you as a member. You may not allow any other person to use your account. By participating in the Program, you agree to all the Program Terms & Conditions (“Terms”).

3. Points and Rewards. Points post within 72 hours of enrollment and subsequent eligible purchases. Redeemable Points expire one year after posting. There is no minimum redemption threshold. Points and rewards are not transferable. All promotional codes are single-use and non-transferable. All point accumulations are subject to review and verification. Tom’s Watch Club (“Tom’s”) reserves the right to adjust points due to any type of error, malfunction, mistake, fraud, or other issue. Monthly rewards are delivered via email and expire 30 days after issue. Premium MVP members receive $10 off $25. Questions about reward delivery can be sent to telltom@tomswatchbar.com. Points, rewards, and benefits have no cash value and may not be exchanged for cash, credit, or any other form of compensation.

4. Free Appetizer. Limited to items on the Starters menu. To obtain offer, you must make a $25 minimum purchase after discount, excluding taxes and gratuity. Maximum value of $20. Valid 30 days from issuance.

5. 2-fer Happy Hour Benefit. Where permitted, Premium Tier members are eligible for a daily “2-fer” drink offer from 4–6 PM. Buy one drink, get a second of the same drink free (maximum limit of 2 drinks per day). Drinks must be consumed by the same member and are served one at a time. Not valid with any other offer or promotion. A Premium Tier member loses all or any remaining part of this benefit on any day (for that day only) upon being determined to be visibly intoxicated by Tom’s in Tom’s sole discretion.

Alternative Happy Hour Benefit. An alternative happy hour benefit is available to Premium Tier members in jurisdictions that prohibit 2-fer happy hour benefits. The alternative happy hour benefit is 50% off draft beer from 4–6 PM (maximum limit of 2 drinks per day). Drinks must be consumed by the same member and are served one at a time. Not valid with any other offer or promotion. A Premium Tier member loses all or any remaining part of this benefit on any day (for that day only) upon being determined to be visibly intoxicated by Tom’s in Tom’s sole discretion.

6. Premium MVP Advanced Reservations. Premium MVP members may reserve tables any day of the year. Reservations must be made at least 24 hours in advance and will be held for 15 minutes past the scheduled time before being released. Reservations are limited and subject to availability. If all reserved tables are booked, walk-in seating and a waitlist will be offered. Specific table locations are not guaranteed.

7. Contests and Challenges. Program members may receive access to exclusive contests and experience-based giveaways. Premium members may receive bonus entries. All contest and challenge rules will be published separately and may vary by promotion and jurisdiction. Winners may be issued a 1099 form as required by law. Winners are responsible for all taxes and fees associated with all prize awards.

8. Account Deactivation and Closure. The account of any member who unsubscribes from email or SMS communications shall be deactivated and closed. Accounts may also be deactivated and closed after extended inactivity or for any other reason in the sole discretion of Tom’s. Any member whose account is closed will forfeit all associated points, entries, or benefits and such points, entries or benefits will no longer be available for redemption.

9. Privacy and Data Use. All program activity is logged through Fishbowl for tracking and audit purposes. For more information on how your data is used, please refer to our privacy policy at www.tomswatchbar.com/privacy-policy, which is incorporated herein by reference. You consent to Tom’s privacy policy.

10. Modifications and Termination. Tom’s reserves the right to modify or terminate the Program or these Terms & Conditions at any time, for any reason, with or without prior notice. Such modifications may include, but are not limited to, changes in reward structure, membership tiers, earning rates, or eligibility criteria. Cancellation or modifications to the program will not result in any compensation to members. All points, benefits, and offers are promotional in nature and do not have any cash value.

11. Publicity. You consent to Tom’s unconditional use of your name and likeness for promotions, advertising, and announcements without compensation, consideration, notice, review, or further consent, to the full extent permitted by law.

12. Disclaimer of Warranties and Limitation of Liability. TOM’S OFFERS POINTS AND REWARDS, THESE PROGRAM TERMS, AND ANY OTHER RELATED SERVICES AND PRODUCTS “AS-IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, TOM’S DOES NOT REPRESENT, WARRANT, OR GUARANTY THAT POINT AND REWARDS OR ANY OTHER RELATED SERVICES AND PRODUCTS WILL BE UNINTERRUPTED, WITHOUT OMISSIONS OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OR CHANGES IMPLEMENTED.

YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TOM’S, ITS OWNERS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES TO PERSONS, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM MEMBERSHIP OR PARTICIPATION IN THE PROGRAM OR EARNING POINTS OR USE OF REWARDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore such exclusions may not apply to you. In the event any of the foregoing are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity.

13. Indemnification. You agree to indemnify, release and hold harmless Tom’s, its owners, parents, subsidiaries and affiliates, and their respective directors, officers, employees and agents, from any liability, costs, damages and fees (including attorneys’ fees) arising out of any claims related to your membership in the Program.

14. Void. The Program is void where prohibited by law.

15. Choice of Law. Your enrollment and points earning, rewards and redemption claims under the Program are subject to our verification and acceptance in Tom’s sole discretion, all of which acts shall be deemed made, performed, transacted, and closed in Denver, Colorado, USA. Any claim or dispute arising or relating thereto or otherwise involving points, rewards, membership or the terms of the Program shall be governed and construed in accordance with the laws of the State of Colorado (USA), without regard to its choice of law or conflict of laws terms. All interpretations of the terms shall be at the sole discretion of Tom’s.

16. Dispute Resolution. Any dispute between you and Tom’s arising under, out of, in connection with or in relation to the Program, the Program Terms, any award, any redemption, or the parties’ relationship, must be submitted to binding arbitration administered under the American Arbitration Association (“AAA”) in accordance with its then current rules and procedures, except to the extent the rules and procedures are modified below. The arbitration shall be heard by a single arbitrator. The arbitration must take place in Denver, Colorado, or at another place mutually agreed upon by the parties. Multiparty or class arbitration is specifically prohibited, and any arbitration will be on an individual basis alone; the arbitration may not be consolidated or otherwise joined with any other proceeding. The arbitrator will have no authority or power to proceed with any claim as a multiparty proceeding or a class action or to otherwise join or consolidate any claim with any other claim or any other proceeding involving third parties. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration under this section without the prior written consent of both parties. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator will have no authority or power to: (i) stay the effectiveness of any pending termination of the Program; (ii) assess punitive or exemplary damages, or any other categories of damages disclaimed and waived in these Terms; or (iii) make any award that extends, modifies or suspends any lawful term of the Program. The arbitrator must also follow the applicable law and may not disregard the law based on principles of justice or equity which are not a specific part of the applicable law. A judgment may be entered upon the arbitration award by any state or federal court in Colorado or any other court of competent jurisdiction.

17. Jury Trial. The parties irrevocably waive any right they may have to a jury trial.

18. Limitation on Claims. Any and all rights to bring any claim or action relating to the Program, the Program Terms, any points, reward, any redemption, or the parties’ relationship must be brought within one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

19. Attorneys’ Fees. The prevailing party in any action or proceeding arising under, out of, in connection with, or in relation to the Program, the Program terms, any award or reimbursement, or the parties’ relationship is entitled to recover its reasonable attorneys’ fees and costs.

20. Force Majeure. Tom’s failure to administer the Program in accordance with these Program Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities, including but not limited to the imposition of sanctions, or for any other reason beyond our reasonable control will not be deemed a breach of these Terms.

21. Entire Agreement/Waiver. These Terms and the other terms expressly incorporated constitute the entire agreement between you and Tom’s regarding your participation in the Program, your opportunity to earn and redeem points and rewards through the Program, and your entitlement to any other benefits of the Program, and supersede all prior agreements between us, whether oral or written, including, without limitation, all previous versions of these Terms. If Tom’s fails to act with respect to your breach or anyone else’s breach of these Terms on any occasion, we do not waive our right to act with respect to the breach or future or similar breaches.

22. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

23. Contact. For questions about Tom’s Champions Club Loyalty Program or these Terms & Conditions, please contact: telltom@tomswatchbar.com