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Most Valuable Bowler Rewards Program Terms and Conditions

 

Most Valuable Bowler Rewards Program Terms and Conditions

The following terms and conditions ( “Terms and Conditions”) form the basis of participation and membership in the Bowlero Most Valuable Bowler Rewards Program (the “Program”). Your participation and membership in this Program will be governed by these Terms and Conditions. It is your responsibility to read these Terms and Conditions so that you understand the Program’s rules and benefits and your responsibilities under the Program. Your enrollment as a member of the Program constitutes your acceptance of the Program’s Terms and Conditions. If you do not agree to these Terms and Conditions, do not participate or enroll in the Program. This Program is sponsored and operated by AMF Bowling Centers, Inc. (“Sponsor” or “Company”). No purchase is necessary to enroll in the Program.

 

These Terms and Conditions include an arbitration provision that governs any disputes between you and Sponsor.

 

Eligibility and Enrollment

 

1. Program membership is available to any person 18 years of age or older.


2. Enrollment is open only to legal residents of the 50 United States, the District of Columbia, Canada and Puerto Rico. Void outside of the 50 United States, the District of Columbia, Canada and Puerto Rico, and where prohibited, taxed or restricted by law.


3. Employees of Sponsor, its subsidiaries, their respective advertising and promotion agencies, and each such person’s immediate family members and/or those living in the same household of each are not eligible. “Immediate family member” shall mean husband, wife, children, mother, mother in-law, father, father in-law, sister, sister in-law, brother or brother in-law, grandfather and grandmother. All federal, state and local laws and regulations apply.


4. Eligible individuals may sign up for the Program online by completing the sign up requirements through the portal provided by Sponsor, or through such other channels as may be from time to time designated by Sponsor. Each enrolled Program member will receive a unique identifier associated with his/her Program account.


5. Only individual persons are eligible for Program membership; corporations or other entities cannot become Program members.


6. Each member is responsible for all transactions on his/her Program account associated with their membership.


7. A member is required to provide his/her Program account information in order to be entitled to Program benefits.


8. Neither the Program nor Sponsor is responsible for any use by any person of a member’s Program account. It is a member’s responsibility to keep and maintain his/her Program account information secure.


9. A member may not transfer, sell, assign, pledge, hypothecate, purchase, trade or barter his/her membership in the Program, or any benefit derived therefrom (including any Point or Reward) to another individual or party.


10. By enrolling in the Program, members consent to the terms of the Sponsor's Privacy Policy and Terms of Use and such terms are incorporated herein by reference.


11. Members are solely responsible for ensuring that the information contained in their enrollment materials is accurate and current at all times.


12. As used herein, “member” or “you” (or words of similar correlative meaning) means any individual who registers to participate in the Program in any capacity, whether or not such initial registration was made in the past, concurrently herewith, or hereinafter. As a member, you hold no other rights You are not, and you forever disclaim all rights as, an agent, representative, fiduciary, owner, member, stockholder, equity holder, officer, director, manager, employee, consultant or any other legal or statutory rights designations, in each case, of the Sponsor, its affiliates or any of its properties. You have no authority to bind the Sponsor, its affiliates or any of its properties in any manner. You will not hold yourself as an agent for the Sponsor, its affiliates or any of its properties in any capacity. Your membership is not transferable or assignable.


13. A member must activate his/her Program account in order to begin redeeming Program Rewards.


14. The Program endeavors to reward and thank loyal customers for patronizing Sponsor’s business. Program members are able to earn and accumulate "Points" that can be redeemed for Program benefits, such as products, services or other similar benefits ("Rewards"). Not all of Sponsor’s venues have the ability to award Points or redeem Points for Rewards at this time. To find the location nearest you that participates in Program, visit www.bowlero.com.


15. A member will remain active as a Program member so long as the member uses his/her Points at least once every twelve (12) months to redeem eligible Rewards. If a member fails to use his/her Points during a twelve (12) month period to redeem an eligible Reward, such member’s membership in the Program (and benefits in the Program) is automatically revoked and terminated without further notice. Any Program points attributed to such member’s Program account is automatically forfeited and voided ab initio without further exchange or value.


16. The Program is intended for personal use only. Commercial or business use is prohibited. The Program is not targeted towards, nor intended for use by, anyone under the age of 13.


17. If you change the address to one that is not located in an eligible jurisdiction, your Program account will continue to function, but your eligibility to earn Points or redeem Points for Rewards will be deactivated. During such deactivation, you will no longer be able to earn Points or redeem Points for Rewards under your Program account. Note that previously earned Points in your Program account may expire as described above.

 

Program – General

 

18. Program benefits may change or expire from time to time without notice. New benefits may be offered from time to time without notice. It is the responsibility of a member to check these Terms and Conditions (and the terms and conditions referenced through hyperlinks from these Terms and Conditions) to determine the applicable benefits for Program members and other terms and conditions of membership.


19. Program benefits are offered only to the individual Program member attributed to their Program account. Persons who are not members of the Program are not entitled to any Program benefits. Supporting identification documentation may be required.


20. To the extent any benefits relate to Points, the calculation, tabulation, earning, accumulation and redemption of such Points shall be made by Sponsor in its sole discretion and its determinations are final, noncontestable and nonappealable.


21. Points are not credits, debit or charge cards, and have no monetary or stored value.


22. Members may not accrue benefits for use by another individual.


23. Any violation of these Terms and Conditions will automatically result in immediate termination of membership in the Program without notice. Any Points attributed to such member’s Program account is automatically forfeited and voided ab initio without further exchange or value.


24. Any tax liability resulting from the accumulation or use of Program benefits is the sole obligation of the member.


25. Any coupons, gift cards, gift certificates, vouchers, arcade cards and similar items are subject to additional terms and conditions. Except for the benefits expressly provided in these Terms and Conditions (and the terms and conditions referenced through hyperlinks from these Terms and Conditions), the Program shall have no other benefit.


26. There are no participation or membership fees associated with Program. Points accrued in connection with Program are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with the Program cannot be combined with any other offers or discounts, unless otherwise expressly indicated in writing by Sponsor.


27. Each individual may only have one (1) Program account. In the event of one or more Program accounts registered to a single individual, the initial Program account shall be valid and all subsequent accounts shall be terminated and cancelled, and all Points accrued in the terminated Program account is automatically forfeited and voided ab initio without further exchange or value.


28. In the event a member’s participation in the Program is terminated, revoked, or cancelled for any reason, including in accordance with the terms hereunder, all Points accrued in the Program account is automatically forfeited and voided ab initio without further exchange or value.

 

Program – Earning Points

 

29. The Rewards that are available to you through the Program are based on the number of Points that you earn. You can earn Points by engaging in certain activities associated with the Sponsor and its business. For a current list of the activities and the Points earned for those activities, see below.

 

Earn 10 points for every $1 spent on eligible products.

 

Eligible products to earn points on.

 

Products

Exceptions

Bowling

 

Shoe Rental

 

Socks

 

Food & Beverage

Excludes Alcohol

League Practice Games and League Shoe Rental

 

Amusements: Laser Tag, Billiards, Balling, Shuffleboard, Bocce, Foosball, Cornhole, Batting Kages, Air Hockey, Ping Pong, Darts, Volleyball

Does not include Arcade, Golf, Mini Golf, Tokens, Go Karts, Gambling

 

Groupon Purchaes

 

Events

 

Lane Reservations

 

Any and all reservations are not eligible to earn points. This includes parties and events, as well as lane reservations.

 

Point earning activities.

 

Engagement Activities

Points Per Action

Frequency Cap

Register for Rewards

100

1 Per Lifetime

Sign Up for Email

200

1 Per Lifetime

Add Gender

10

1 Per Lifetime

Add Date of Birth

50

1 Per Lifetime

Complete Bowling Profile

100

1 Per Lifetime

Log in to Loyalty Account

10

2 Per Month

Invite a Friend

0

No Cap

Referred Friend Signs Up

200

10 Per Year

 

 

30. You must provide your Program account information at the time of your activity in order to earn Points associated with the earning activity. If you do not provide your Program account information at the time of the activity (e.g., purchase of a product), you will have seven (7) days to upload documentation supporting such activity (e.g., receipt for the purchase of the product) through the Program’s online portal to your Program account to earn the points associated with the activity. Additional information concerning the activity may also be required.


31. From time to time, Sponsor, or others acting with Sponsor’s permission, may offer you special promotions that offer you additional "Bonus Points". The promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.


32. Eligible individuals may also earn Points through participation in programs offered by Sponsor’s business partners. Sponsor does not operate and is not responsible for such other programs, which have separate and additional terms and conditions governing how Points may be earned.


33. You may not earn Points in connection with certain types of beta or promotional programs. In addition, you cannot earn Points (or your Points may be limited) on purchases of alcoholic beverages or on Sponsor gift cards (such as activations, reloads, transfers, and other card-to-card transactions). Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, delivery fees, and other fees, also may be excluded and ineligible for Points accrual.


34. Sponsor may place certain limitations on the frequency of activities which may earn Points.


35. Generally, Points are automatically added to your Program account promptly when you earned them. Note that there may be a delay in adding Points earned through receipt verification to your Program account. Points earned through receipt verification are generally added to your Program account within 3-5 business days from when you complete the receipt submission.


36. Points may be deducted from your Program account for any activities which are voided or cancelled. For example, if you void or return a purchase that originally earned Points registered to your Program account, Sponsor will deduct the Points that you earned for that purchase, potentially resulting in a negative Points balance on your Program account.


37. Points earned in a Program account do not expire, except as expressly provided in these Terms and Conditions.

 

Program – Rewards and Redemption

 

38. As a member of the Program, you are eligible to redeem Points for Rewards. For a current list of the Rewards and Points needed to redeem such Rewards, please see below:

 

Reward Title

Points to Redeem

Digital Wallpaper Bowlero Corp Brands

100

Digital Wallpaper

100

Bowlero Corp Branded Downloadable Event Invitations

500

Event-Specific Downloadable Event Invitations

800

$5 Off Your Next Visit

500

$10 Off Your Next Visit

1000

$15 Off Your Next Visit

1500

$20 Off Your Next Visit

2000

Bowlero Corp Branded Bowling Ball

15000

Selection of Pre-Designed Bowling Ball

17000

Customizable Bowling Ball

20000

Bowlero Corp Branded Pin

5000

Selection of Pre-Designed Pin

7000

Customizable Pin

10000

 

 

39. Redemption process may vary based upon participating Sponsor venues.


40. You must provide your Program account information to redeem Rewards with Points.


41. You must have at least the number of Points required to redeem a Reward in your Program account. You cannot “borrow” Points or achieve a negative balance on Points in your Program account to redeem a Reward.


42. Points are ineligible to be redeemed for (or may be subject to limitations on) alcoholic beverages and other promotional or specialty offers/services/products.


43. Once a Reward is redeemed, the corresponding Points will be deducted from a member’s Program account.


44. A member is required to follow specific instructions to redeem a Reward. Such instructions are further set forth in the online portal provided by Sponsor and must be followed in order to properly use Points to redeem a Reward.


45. Sponsor is not responsible for any lost, damaged, misdirected, stolen, or misplaced Rewards due to transportation, communication or carrier issues or third parties outside the control of Sponsor.

 

General Program Conditions

 

46. Violation of the Terms and Conditions, including fraud, misrepresentation, misuse of the membership to manipulate accumulation of benefits, or other improper conduct as determined by Sponsor, may subject the member, without limitation, to termination of the Program membership, forfeiture of all of the member's benefits, including accumulated points, and/or appropriate administrative and/or legal action by Sponsor or applicable governmental authorities. In addition, Sponsor reserves the right to take appropriate legal action to recover damages, including its attorneys’ fees incurred in prosecuting or defending any lawsuit related thereto.


47. Membership in the Program and accumulation of points, and/or benefits do not confer any enforceable contract or vested property rights with respect to Program benefits.


48. Sweepstakes, contests, offers and other promotions may be subject to additional rules, terms and conditions which member must comply with to be afforded benefits. See www.bowlero.com for more information which terms are incorporated herein.


49. In the case of unavailability of any benefit (including a Reward), Sponsor reserves the right to issue a substitute benefit (including a Reward) or cancel the benefit (including a Reward) without notice. No cash equivalent will be provided and all benefits (including a Reward) and Points are non-transferable, not re-saleable, and no substitution will be made except as provided at the Sponsor’s sole discretion.


50. Sponsor may require members to submit documentation to permit it to comply with all applicable state, federal and local tax reporting.


51. Sponsor may solicit or request information from members. Any information received by Sponsor or its affiliates or their designees from a member shall be considered property of Sponsor. Member agrees: (1) that disclosure and posting of any Works by member is voluntary, gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, that the Company is free to use or not use any Works, and that the Company may disclose the Works on a non-confidential basis to anyone or otherwise use the Works without any additional compensation to member; and (2) the Company does not waive any rights to use similar or related works previously known to Company, or developed by its employees, or obtained from sources other than member. As used herein, “Works” means anything and everything submitted, delivered, given, uploaded, transmitted, communicated, or otherwise provided by the member during the time when such individual is a member, whether as part of the registration or otherwise, by or through any media, medium or channel, including but not limited to, information, videos, recordings, audio, designs, pictures, drawings, images, graphics, content, schematics, etchings, photographs, visuals, works, works of authorship, blueprints, diagrams, plans, prototypes, charts, creations, developments, ideas, know-how, models, inventions, techniques, systems, architecture, specifications, applications, flow charts, outlines, writings, pictorals, logos, mask-works, innovation, copyrights, patents, methods, trademarks, processes or any other intellectual property rights in any form of expression and proprietary rights therein or other information or property.


52. Member represents and warrants that member is the sole and exclusive creator of the Works and that no third party ownership rights exist to any Works. Member hereby agrees that all Works once submitted, delivered, given, uploaded, posted, transmitted, communicated, or otherwise shall constitute works made for hire owned exclusively by Company. If, by operation of law, the ownership of Works does not automatically vest in Company, member will take necessary steps to assign ownership to Company. Prior to any such assignment, member will hold such rights in the Works in trust for the sole right and benefit of Company and its affiliates. As a precaution against the event that a Work, or any element or component thereof, is by operation of law not considered to be a work made for hire, and to ensure the complete and absolute vesting of all rights, title, interests and intellectual property rights therein and thereto exclusively in Company, member hereby unconditionally and irrevocably transfers, conveys, assigns, sets over, and quitclaims to Company and its successors and assigns all rights, title, and interests of every kind and nature, including, without limitation, all intellectual property rights, and every other proprietary right (including all renewal and extension rights with respect thereto) which member may have or hereafter acquire in the Work, or any improvement thereof, or any element or component of any of the foregoing, whether created by member, Company, or a third party, without any additional consideration free and clear of any liens or encumbrances. To the extent that moral rights or any other intellectual property right or interest cannot be assigned under applicable law, member hereby waives, to the maximum extent permitted by law, such rights and interests and consents to any action of Company or Company’s successors, licensees, or assigns that would violate such rights and interests. If such Works are not by operation of law considered property owned by Company, member hereby is deemed to have given the Company authorization, permission, approval, consent to use, and an nonexclusive, unlimited, unconditional, perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable and assignable license to use, reproduce, distribute, display, duplicate, form a derivative work, access, store, copy, rearrange, sell, lease, rent, redistribute, modify, alter, archive, translate, create derivative works, loan, pledge, granting of a security interest, granting of a lien, encumber, convey, download, exchange, exhibit, perform, exploit, upload, transmit, broadcast, host, index, cache, tag, encode, compile, adapt, create a collection with, publish, or disassemble the Work, anywhere in the world, for any purpose, in or related to any and all media or distribution methods (now known or later developed). In such event, member shall protect and defend, at his/her own cost and expense, its interest in and to the Work from and against all claims, liens and legal processes and shall not assign, sell, encumber, use or transfer his interest therein in a manner which would adversely affect Company’s rights thereto.


53. All rights granted or agreed to be granted by member hereunder to Company shall vest in Company automatically and immediately upon member’s creation and submission, delivery or provision of an entry or registration and/or Work to Company, and shall remain perpetually vested in Company and its successors and assigns. Member shall, without any additional consideration, take all actions and execute and deliver all documents (and cause its employees, contractors, agents and representatives to do the same) as Company may reasonably request to effectuate the acknowledgment of ownership of the Work. Member shall not reuse the Work, or any intermediate or partial version thereof, or any derivative work based upon the Work without Company’s express written consent, which consent may be withheld by Company in its sole discretion.


54. Company is not responsible for lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, misdirected, postage-due, technically corrupted or garbled transmitted information or communication, or for problems of any kind whether mechanical, human or electronic.


55. Enrollment as a member constitutes each member’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made or provided by such member regarding the Program or Sponsor for advertising, marketing, promotional and other business purposes without notice or additional compensation, except where prohibited by law. By enrolling as a member, each member hereby irrevocably grants to Sponsor, and those acting with its authority, the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide right and license to use member’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, statements, and Program enrollment made or provided by such member in connection with the Program or Sponsor, including, without limitation, any notes, photograph, film, or video or audio tape that may be taken of member or of such materials in connection therewith (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice or permission to member or to any third party, and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, Internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any Sponsor (or its designee)’s advertising, promotion, publicity, trade, sweepstakes or contest promotions, activities, or materials or other business purpose.


56. Each member represents and warrants that (i) there are (and will be) no restraints or limitations upon Company’s usage rights granted herein; (ii) there are no third party agreements or arrangements preventing member from entering into and carrying out the obligations contemplated under these Terms and Conditions nor from granting Company the rights and benefits set forth herein; (iii) he/she will not at any time make any false, negative, defamatory or derogatory statements regarding Company, its personnel, agents, representatives, officers, directors, other members or its properties.


57. By enrolling, member agrees to release and hold harmless Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in the Program, or possession, acceptance and/or use or misuse of any benefit in any Program-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Program is discontinued or suspended or if any benefit cannot be awarded due to acts of war, natural disasters, weather, acts of terrorism or events beyond reasonable control of Sponsor. Members who do not comply with these Terms and Conditions, or attempt to interfere with this Program in any way shall have their membership revoked without notice. Any Program points attributed to such member’s Program account is automatically forfeited and voided ab initio without further exchange or value.


58. Member will defend, indemnify and hold harmless Company and its respective parents, subsidiaries, affiliates and related entities, successors, licensees, assignees, directors, officers, shareholders, members, employees, contractors, agents and representatives from any claims, damages, loss, liability, costs, penalties or expenses of any kind (including reasonable outside attorneys’ fees and costs) arising from or in connection with any breach or alleged breach by member of their representations, warranties, covenants and/or obligations hereunder, and any acts or omissions undertaken by any of them in connection with a Program activity.


59. Sponsor, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to participate in the Program, including any injury or damage to a member’s or any other person’s computer relating to or resulting from participating in this Program or downloading any materials in this Program.


60. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Program (and these Terms and Conditions) in its sole discretion, with or without notice, including should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes corrupt or adversely affect the Program. If the Program is cancelled or terminated, all memberships in the Program shall likewise automatically be cancelled and terminated. Sponsor also reserves the right, in its sole discretion, to revoke any individual’s membership or participation in the Program for any reason, including if it determines, in its sole discretion, that such individual is or may engage in tampering, harming or impairing the operation of the Program or has taken or may engage in an act in bad faith or against the best interests of the Program, Sponsor, its affiliates or any of its properties, including any act that impairs, injures or damages the business, goodwill, property, reputation or standing of Sponsor, its affiliates or any of its properties (or any of their officers, directors, customers, vendors, personnel, representatives or principals). Any Program points attributed to a member’s Program account which is revoked or terminated (individually or by way of cancelation or termination of the Program) is automatically forfeited and voided ab initio without further exchange or value.


61. CAUTION: ANY ATTEMPT BY A MEMBER TO DELIBERATELY DAMAGE ANY PROPERTIES USED IN CONNECTION WITH THE PROGRAM OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.


62. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by members, printing errors or by any of the equipment or programming associated with or utilized in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the enrollment process or the Program; (4) technical or human error which may occur in the administration of the Program or the processing of enrollment; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from member’s participation in the Program or receipt or use or misuse of any benefit. If for any reason a member’s enrollment is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, member’s sole remedy is to re-enroll in the Program and any benefits or points accrued through to such date may be cancelled.


63. Each member agrees that any and all disputes, claims and causes of action arising out of or connected with this Program or any benefit awarded shall be resolved individually, without resort to any form of class action, and exclusively shall be submitted to final and binding arbitration, to be held in New York County, New York, before a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute.


64. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing; provided, however, that each side shall bear its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court. Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time. In the event court proceedings are applicable, such disputes shall be submitted before a state or federal court located in New York, New York. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and under no circumstances will member be permitted to obtain awards for, and member hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the member and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. UNDER NO CIRCUMSTANCES SHALL SPONSOR, ITS AFFILIATES OR SPONSOR REPRESENTATIVES BE LIABLE TO ANY MEMBER FOR ANY LOSSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, GENERAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS, LOSS OF DATA, LOST SAVINGS, OR LOSSES ARISING FROM BUSINESS INTERRUPTION) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO OR IN CONNECTION WITH THE PROGRAM OR THE DELIVERY BENEFITS THEREOF.


65. Sponsor may be collecting personal data about entrants, including online to the extent a website is used in connection with the Program, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at amf.com/privacy. By participating in the Program, members hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy at www.bowlero.com/privacy. Without limiting the foregoing, member agrees to the following with respect to any material submitted from the member, including but not limited to, consumer created content: (1) disclosure thereof is gratuitous, unsolicited and without restriction and will not place the Sponsor or any other person under any fiduciary or other obligation, that the Sponsor is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to participant; (2) Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by their employees, or obtained from other sources; (3) member is verifying that he/she is the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) participant is hereby granting the Sponsor a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.

 

Changes to the Program

 

66. Members acknowledge and agree that membership and Program benefits are provided at the discretion of Sponsor. Sponsor reserves the right to unilaterally change, amend, suspend, cancel or terminate any aspect of the Program, its benefits and/or these Terms and Conditions, the Points and Earning Summary, and Rewards Summary in whole or in part, at any time, with or without notice for any or no reason. You agree that Sponsor may provide notices, disclosures, changes and amendments to these Terms and Conditions, and other information relating to the Program (including the Points and Earning Summary, and Rewards Summary) by electronic means, including posting such information and materials online at https://www.bowlero.com (or through its subdomains including webpages hyperlinked from these Terms and Conditions). It is your responsibility to read and review the notices, disclosures, changes and amendments, and the same shall automatically be binding on you with your continued participation in the Program. You waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or participation in the Program following any such changes or modifications confirms your acceptance and agreement of these Terms and Conditions (including the Points and Earning Summary, and Rewards Summary) and such changes or modifications; therefore, you should review these Terms and Conditions, the Points and Earning Summary, Rewards Summary, FAQs, Program materials and guidelines frequently to understand the terms and conditions that apply to your access to and participation in the Program. If you do not agree to these Terms and Conditions, you must stop accessing and participating in the Program. In addition, Sponsor in its sole discretion may at any time, with or without notice (1) cancel, revoke, forfeit or change any member's membership status, Points, Program benefits and/or promotions, (2) change the value of accumulated or future Points or benefits, (3) adjust Points and/or otherwise restrict the continued availability of Rewards, benefits or special offers or promotions, and/or (4) forfeit any Points not yet redeemed for reasons Sponsor deems appropriate (such as but not limited to technical malfunction, error, or any of the listed items in these Terms and Conditions). Sponsor may make one or more of these changes at any time even though such changes may affect a member’s benefits or ability to use accumulated Points or receive accrued benefits.
67. Sponsor is not responsible for products or services offered by other companies that may participate in benefits, offers or special promotions provided to members.


68. All decisions concerning the interpretation and application or administration of the Terms and Conditions are within the sole discretion of Sponsor and any dispute regarding the accumulation of Points, and/or the forfeiture of Points, benefits or other management or entitlement to benefits will be determined by Sponsor in its sole discretion. Sponsor's decision in any dispute will be final and binding. Claims relating to the Program may not be resolved through any form of class action.


69. If it is determined that the Program has improperly denied a benefit or award to a member in a manner which is inconsistent with these Terms and Conditions, the member’s sole and exclusive remedy shall be the issuance of the improperly denied benefit or award if available, or such other alternative comparable benefit as determined by Sponsor in its sole discretion; Sponsor shall not have any further liability whatsoever and member hereby forever releases Sponsor for any type of loss or liability arising therefrom.


70. A member's enrollment in and participation in the Program indicates his/her unconditional acceptance of and agreement to these Terms and Conditions of the Program.


71. Decisions of the Sponsor as to the administration and operation of the Program is final and binding in all matters related to the Program.


72. These Terms and Conditions (together with the Points and Earning Summary, Rewards Summary and any links to information provided from these Terms and Conditions) constitute the complete and exclusive statement of the agreement governing the Program and supersede all prior agreements and understandings (whether oral or written) of Sponsor and member relating to the Program.