Terms and Conditions

Legal notice, Disclaimer and Terms of Use

By accessing or using the website at www.ottodistilling.com, mobile applications, instagram page, TikTok page, YouTube page, and facebook page (collectively the “Site”), you (“you”) are unconditionally agreeing to be bound by these terms of service (“Terms”) with TH Distilling LLC (DBA Otto Distilling Co) (“Otto” or “our”).  If you do not agree with any of these terms, do not use or access this site.  Otto reserves the right to update or modify these Terms at any time and without any prior notice or notice to You.  Your use of the Site at any time following such a change constitutes your unconditional agreement to follow and be bound by the Terms as changed from time to time. You should check back here often for the most current Terms.  If there is any conflict between these Terms and any provision appearing on any of our Site, platforms, or apps, these Terms shall govern.

The Site is also intended only for those who are 21 years of age or older, if in the United States, or for those of legal drinking age in their country or territory of residence. Pursuant to applicable laws, Otto is strictly prohibited from marketing, selling, or furnishing alcoholic beverages to anyone under the age of 21. It is also unlawful for anyone under the age of 21 to purchase or possess alcoholic beverages in Pennsylvania. By using the Site, you are certifying to Otto that you are at least 21 years of age and legally authorized to purchase and possess alcoholic beverages.  If you are not of a legal age to consume alcoholic beverages in the country or territory of your residence, please exit this Site immediately.  Please note that if you reside outside the United States of America, you are entirely responsible for compliance with any and all applicable local laws and regulations in relation to the Site.

All persons purchasing or receiving alcoholic beverages must be at least 21 years of age and all sales made by Otto are subject to the applicable state sales tax, as well as any applicable local sales tax & liquor tax, in effect at the time of the transaction. The applicable state and local sales tax will be calculated and added to orders at the time of checkout. Please note that shipping and handling fees for products or items are subject to sales tax.

While Otto may accept orders from outside Pennsylvania, the delivery address must be located within Pennsylvania. All products or items are shipped via United Parcel Service and/or FedEx ("UPS"). Orders may be split and delivered in multiple shipments. Once each portion of an order is shipped, UPS will send the customer a shipping confirmation email including an order tracking number for the shipment. Based on UPS regulations for delivering alcohol, an adult (age 21 or older) must sign for receipt of the package at the time of delivery to a customer's residence or non-store address. Verification of age is required at the time of delivery. Failure to produce age verification forfeits the right to receive the shipment until identification is produced. UPS will make attempts to deliver the order. If the order cannot be delivered the delivery may be returned to Otto by UPS, at which point the order will be canceled, and a refund for the purchase price of the product(s) will be issued minus any shipping charges. Applicable delivery fees for the order (see shipping costs below) will not be refunded. A failed delivery fee of up to $50 per item may also be deducted from the purchase price refund, regardless of whether the order initially qualified for free shipment when placed. If you are uncertain whether an adult will be present to sign for the order upon delivery to a residence or non-store address, you should select the in-store pickup delivery option during the checkout process. Once an order has been placed, the shipping address information associated with the order cannot be modified and the order cannot be redirected to a different address.

If you would like to have your order picked up from Otto’s Distillery you may choose that location on the checkout. Proper identification, with proof of age, will be required at the time of pickup.  You may not designate another third party to pick up any product(s) or item(s) purchased through the Site at Otto’s Distillery located at 1713R MCKEAN STREET, PHILADELPHIA PA 19145 (“Otto Distillery”).  Product(s) or item(s) purchased from the Site may not be returned or exchanged following  delivery or pickup of the product.  Only persons or businesses holding valid liquor licenses or permits that authorize the resale of spirits are permitted to resell spirits products or items purchased from Otto. The resale of spirits products or items by anyone else is strictly prohibited. Anyone suspected of violating this prohibition will be reported to the Pennsylvania State Police, Bureau of Liquor Control Enforcement. 

For any inperson tours of the Otto Distillery the following shall apply: 

• For safety reasons, unless otherwise specified, children and minors under 21 are not permitted on our tours. Proper ID is required for all tour guests. Anyone without proper ID will not be permitted on the tour. The only proper ID legally accepted in Pennsylvania for our purposes are: Valid U.S. Driver’s License, Valid U.S. State ID, Valid U.S. Military ID, Valid Passport or Passport Card. No expired IDs of any kind will be accepted. No facsimiles of IDs (photos, photocopies etc.) will be accepted. As per Pennsylvania state law, we are not permitted to accept non-U.S. driver’s licenses for age verification purposes. 
• All guests must wear closed toed shoes and please dress for the weather.
• If you must cancel or reschedule, we respectfully request 48 hours notice. Cancelations or missed appointments without 48 hours notice will result in full charge or service. 
• Guests acknowledge that the space is a working distillery and that they are not permitted to touch, handle, or operate any equipment used and owned by Otto including tanks, still, pumps, hoses, gaskets, clamps and anything else used in production.  
• Guests also acknowledge that any gathering presents a risk to attendees of contracting Covid 19 or other communicable diseases.

Any personal information that you provide to us through the Site shall be governed by the terms of our PRIVACY POLICY, the terms and conditions of which are incorporated herein by reference and available on our website. By using this Site, you provide us with your consent to any and all actions taken by us with respect to your information in compliance with our Privacy Policy. Further, you agree that all information provided by you in connection with your use of this Site is true and accurate and you agree to update and maintain any of your information as is necessary to ensure its accuracy and truthfulness.

The Site and any of the content included on the Site, which includes, including but not limited to, all copyrights, designs, logos, marks, trademarks, trade dress, images, social or traditional media materials, and any images or other content appearing in such media, as well as any other materials or intellectual property on the Site (“Intellectual Property”) are owned, controlled or licensed by Otto, its affiliates and/or brands unless noted otherwise. The Intellectual Property of Otto is protected by United States and international trademark and copyright laws. You may access, view, download and print the Intellectual Property displayed on the Site for your limited, personal, private, and non-commercial use ONLY. You may not remove any copyright, trademark, or other proprietary legends, indicating the protected status of the property, contained on any piece of Intellectual Property, nor may you modify, alter, frame, mirror, edit or otherwise change the Intellectual Property in any way. Ownership of all Intellectual Property and materials found on our Site vests in and remains the exclusive property of Otto. You do not acquire any ownership or other interest or right with respect to the information and materials accessed, viewed, and/or downloaded from this Site.  Any other marks appearing on the Site that are not owned by Otto are the property of their respective owners, who may or may not be affiliated with Otto.

You may not distribute, convey, transmit, sell or exploit, reverse engineer, publish, nor make the Intellectual Property available to any third party in a commercial manner without the prior, express written consent of Otto. Our Intellectual Property may not be used in connection with any product or services that do not belong to Otto, or in any other way that may disparage, harm, cause customer confusion, or otherwise negatively impact the public image and goodwill Otto. Otto reserves and retains all rights in the Intellectual Property contained within these Site not expressly granted to you in these Terms. Otto reserves the right to, in addition to seeking any other applicable legal remedy, revoke or terminate any license which Otto may have extended to you to use our Intellectual Property for your limited, non-commercial, personal purposes in the event that you violate the terms of this Section 3.

You are responsible for obtaining, paying for and maintaining any and all equipment or services needed for access to and use of the Site. As you access, use, and navigate the Site, you may be required to register an account in order to access certain features or Site functionalities. In this case, you are responsible for your account name, password, any applicable email address, or any statements, acts or omissions that may be attributable to your account name. Otto Brands reserves the right to deny you access to any username that we deem, in our sole discretion, violates the intellectual or other property rights of a third party, is offensive, or is invalid for any other reason. You are entirely responsible for all transactions, transmitted information, or any other interaction between the Site and your username or account information. You agree that you are responsible for maintaining the security and confidentiality of any account information or password that you may use to access the Site and that you may not transfer, transmit, or otherwise authorize any third party to access the Site by using your password or account information. You alone are responsible for any unauthorized access or use of your account resulting from your actions that are not in keeping with these Terms. You accept and agree that it is your sole responsibility to immediately notify Otto in the event of any unauthorized use of your password or username or any other unauthorized access to the Site or breach of security related to your account information. Otto is not responsible for any damages that may arise from the use of Site by you or any account or username associated with you that are not in compliance with these Terms. Otto reserves the right to suspend, terminate, restrict access, or otherwise discontinue your account or Site access, without notice to you, at any time and for any reason.

Otto requires all users of its Site to follow any and all applicable federal, state, local, and international laws and regulations, while also respecting the rights of others within the online community. Please be aware that your access to our website may be suspended, terminated, or otherwise discontinued if you fail to abide by any of the rules set forth in this Section. By accessing this Site, you agree not to:

• Use the Site for any unlawful, illegal, or fraudulent purpose or post material that may incur criminal or civil liability;
• Place threatening, stalking, abusive, or defamatory content on the Site;
• Plagiarize, misappropriate, or infringe upon the rights of others, including the intellectual property rights of others, such as trademark, copyright, trade secret, right of publicity or privacy or any other proprietary right;
• Use the Site to provide materials that may be obscene, sexually explicit, or discriminatory based upon race, religion, nationality, disability, sexual orientation, or age;
• Use the Site to invade others’ privacy rights, rights of publicity, or collect and disseminate personal information about other users of the Site;
• Impersonate any person or entity, including without limitation any representative of Otto, or otherwise falsely state, claim or misrepresent your affiliation with any person or entity in connection with the Site or otherwise claim that Otto endorses any statement or affirmation that you make;
• Depict or endorse practices that are irresponsible or illegal after consuming alcoholic beverages;
• Utilize the Site to develop or distribute viruses, spyware, malicious code or programs, or other such similar programs that may be harmful or invasive or that may be otherwise used to damage, disable, interfere with or monitor the use of any hardware, software or equipment;
• Disseminate, post, or otherwise distribute any non-public information, material, or intellectual property of or about Otto or any other company, entity, or individual without the proper authorization;
• Use the site to distribute any kind of unwanted solicitations to other Site users;
• Reproduce, copy, sell, resell, hyperlink to another site, use as storage for remote loading or as a door or signpost to another home page, or otherwise exploit in any way or for any business purpose, any and all portions of the Site;
• Prohibit, inhibit, or restrict the ability of any other user to access the Site;
• Use the Site in any way that may lead to the misappropriation of Site data or may otherwise compromise the integrity of the Site.

Otto has the right, but not the obligation, to monitor and review the content of any Site user’s account to determine compliance with these Terms. If Otto becomes aware of any information or materials transmitted or made available through the Site that may be a violation of these Terms, or of any law, regulation, or third party rights, which may include, but is not limited to, any intellectual property rights, we have the right to remove or disable your access to the respective materials, information, and Site. Otto’s response may also include sharing your name, contact information, and any of your content with any appropriate law enforcement agencies or other steps not expressly listed here in order to comply with any judicial action or governmental decree, or otherwise enforce or verify our users’ compliance with these Terms.

To the fullest extent allowable by applicable law, you agree to defend, indemnify, and hold harmless Otto and its affiliates, subsidiaries, officers, directors, employees, consultants, licensee, agents and assigns from and against any and all claims, demands, causes of action, proceedings, injuries, damages, losses, costs and expenses (including investigations and reasonable attorney’s fees) that (i) arise from your use of, or termination or suspension or inability to use the Site, which includes any use of the Site by the user account linked to you or loss of any such information; (ii) any and all claims, allegations or disputes that any materials, posts, submissions, or general use of the Site by you, or your account(s), infringe upon the intellectual property or privacy rights of any third party or otherwise violate any other applicable federal, state or local laws or regulations; (iii) any of your acts or omissions, or the acts and omissions of the account linked to you, that violate any rights of any other user, visitor or other third party; or (iv) any other breach by you, or your account, of these Terms.

Please be aware that any contests, promotions, sweepstakes, drawings or giveaways (“Contest” or collectively, “Contests”) that you may access via any Site or other Otto platforms may be subject to their own terms and conditions that will govern your participation in those Contests. Those terms and conditions should be linked to each individual Contest. Please be sure to read the terms and conditions of each Contest in which you participate as they may differ from the Terms contained in herein. The terms and conditions for each Contest will supersede those Terms contained here, insofar as they relate directly to the rules and regulations of each particular Contest.  Please also note that any personal information that you submit as part of a Contest will be governed by our PRIVACY POLICY, which you may find on our website.

Otto acknowledges that it may at times link to other sites on the World Wide Web or Internet which are not under the control of or maintained by Otto. Such links do not constitute an endorsement or affiliation by Otto of any of those sites. You agree that Otto provides links to these third-party sites only as a convenience to you and that Otto is not responsible for the accuracy, veracity, content, or information that you may find on such third-party websites that link to or are linked to by the Site. Otto makes no warranty, endorsement, representation, nor assumes any liability, regarding the security of your personal information that you may provide to any third party site, regardless of if you have reached that website through a link found on any of our Site.

While Otto exerts the utmost care to maintain the accuracy and completeness of any and all information, content, product data, pricing and other such similar content that is provided on this Site, Otto does NOT make any warranty regarding such accuracy and completeness. There may be errors, out of date information, or omissions that occur on the Site from time to time and while Otto will use commercially reasonable efforts to correct such errors, out of date information, or omissions immediately upon their discovery this may not always be performed in a timely fashion.  Additionally, Otto strives to provide accurate product and pricing information; however pricing or typographical errors may occur. Otto cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Otto shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Otto may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

THE SITE AND ANY CONTENT, INFORMATION, OR PRODUCTS THAT MAY BE ACCESSED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER OTTO, NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES OTTO, NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM YOUR USE OF THE SITE. OTTO, ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, YOUR EXPERIENCE WHILE ACCESSING THE SITE, OR ANY OF THE INFORMATION, CONTENT, PRODUCTS OR SERVICES, OR CONSUMER FEEDBACK THAT MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, OTTO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. BY USING OUR WEBSITE AND ANY SUCH SERVICES, CONTENT, OR ITEMS OBTAINED BY OR THROUGH SUCH USE, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, NEITHER OTTO, ITS SUBSIDIARIES AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DERIVED FROM ANY THEORY OF TORT, CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR ANY OTHER THEORY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS, DATA OR DATA USE, GOODWILL, WORK STOPPAGE, OR LOST PROFITS, WHETHER FORESEEN OR UNFORESEEN THAT MAY RESULT FROM (A) YOUR ACCESS TO THE SITE AND YOUR ACTIVITIES THEREON; (B) YOUR USE, LACK OF USE, OR RESULTS OF YOUR USE OF OUR SITE OR ANY THIRD PARTY SITES WHICH MAY BE LINKED FROM OUR SITE; (C) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES OR MALWARE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITES; (D) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES; OR (E) YOUR USE OF THE SITE OR THIRD PARTY SITES TO PURCHASE OR ORDER ANY ITEMS OR PRODUCTS AND ANY LIABILITY THAT MAY RESULT FROM SUCH PURCHASES OR ORDERS.

YOU ACKNOWLEDGE THAT THE CONTENT ON THE SITE, BY ITS NATURE, MAY INVOLVE A LEVEL OF RISK, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE OR MISAPPROPRIATION, IDENTIFY THEFT, UNAUTHORIZED ACCESS TO AND DISSEMINATION OF YOUR PERSONAL INFORMATION, AND OTHER SUCH DANGERS. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, IN NO EVENT SHALL OTTO TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OR PURCHASE ANY PRODUCT DURING THE ONE MONTH IMMEDIATELY PROCEEDING THE DATE IN WHICH THE CLAIM AROSE. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT OF APPLICABLE LAW AND TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND CONTENT THEREIN, UNDER ANY LEGAL THEORY OR CAUSE OF ACTION.

All matters or disputes relating to or arising out of these Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Philadelphia, Pennsylvania  for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts by Otto such personal jurisdiction shall be nonexclusive.  Otto does, however, reserve the right to bring any suit, action, or proceeding against you for a breach of these Terms in the appropriate jurisdiction of your residence.  Additionally, by accepting these Terms, you accept, acknowledge, and agree that money damages may not be a sufficient remedy for any breach of these Terms by you with relation to Intellectual Property rights. Otto  reserves the right, and is entitled, to the fullest extent permitted by law, to seek injunctive relief, in addition to any other available remedies, against you in any federal or state court in Philadelphia, Pennsylvania to enjoin infringement or any other misuse by you of our Intellectual Property rights, or otherwise seek any and all available damages from you for such infringement or misuse of Our Intellectual Property rights and you agree to waive any requirement for securing or posting a bond in obtaining such equitable relief. 

No waiver by Otto of any term or condition set forth in these Terms shall be deemed to be a continuing waiver of any such term or condition, nor a waiver of any other term or condition. Any failure by Otto to assert any right, claim or provision under these Terms shall not constitute a waiver of any such right, claim or provision, unless otherwise acknowledged and agreed to, in writing, by Otto.  If any provision or term found herein is determined by any court of any competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be limited, stricken from these Terms, or construed, as nearly as possible and to the minimum extent necessary, so as to reflect the intention of the parties so that these Terms and all provisions included herein remain valid and in full force and effect. 

You acknowledge that you have read, recognize, and understand these Terms above and choose, of your own volition, to use the Site and to abide by the Terms as set forth here. These Terms, together with all agreements and statements referred to herein and incorporated herein by reference, which shall be deemed to have been accepted by you upon your use of the Site constitute the entire agreement between you and Otto regarding the use of the Site and any of the content found herein.