The following terms and conditions (referred to as “Terms and Conditions”) form the basis of participation in the Bowlero League Rewards Program (the “Program”). Your participation 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 participation in the Program constitutes your acceptance of the Program’s Terms and Conditions. This Program is sponsored and operated by AMF Bowling Centers, Inc. dba Bowlmor AMF Centers. (“Sponsor”). As used herein, a “participant” means any person or individual who participates in any aspect or portion of the Program in any manner or form, or receives or derive any benefit therefrom directly or indirectly.
Program Participation
1. Program participation is available to any person 18 years of age or older with valid government-issued photo identification.
2. Participation 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 entity’s immediate family members and/or those living in the same household of each are not eligible. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law. All federal, state and local laws and regulations apply.
4. Eligible individuals may sign up for the Program as part of their league participation at any Bowlmor, AMF, Bowlero, Brunswick Bowling or other facility currently owned, managed or operated by Sponsor (“Facility”), or through such other channels as may be from time to time designated by Sponsor. Program participation can only be activated by presentation of valid identification at a participating Facility. Each Program participant will receive a unique identifier.
5. Only individual persons are eligible for Program participation; corporations or other entities cannot become Program participants.
6. Each participant is responsible for all transactions on his/her account associated with their identifier or Program participation.
7. A participant is required to present his/her identifier in order to be entitled to Program benefits.
8. Neither the Program nor Sponsor nor any Facility is responsible for any use by any person of a participant’s identifier. It is a participant’s responsibility to keep and maintain his/her identifier secure.
9. A participant may not transfer, sell, assign, pledge, loan, hypothecate, purchase, trade or barter his/her participation in the Program, identifier, or any benefit derived therefrom to another individual. Program participation is personal to the participant.
10. By participating in the Program, participants consent to the terms of the Sponsor's Privacy Policy (https://amf.com/privacy) and Terms of Use (https://amf.com/terms) and such terms are incorporated herein by reference.
11. Participants are solely responsible for ensuring that all information currently on file or recorded with Sponsor associated with participant is accurate and current.
Program Benefits
12. Program benefits are offered through Facilities. A Facility may offer benefits to participants different from another Facility. 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 participant to check with a Facility to determine the applicable benefits for Program participants.
13. Program benefits are offered only to the individual Program participant attributed to their identifier. Persons who are not participants of the Program are not entitled to any Program benefits. Supporting identification documentation is required.
14. Participants are required to present his/her identifier to a Facility in order to be entitled to benefits.
15. To the extent any benefits relate to reward points, calculation, tabulation, accumulation and redemption of such points shall be made by Sponsor in its sole discretion and its determinations are final, noncontestable and nonappealable.
16. Reward points are not credit, debit or charge cards, and have no monetary or stored value.
17. Participants may not accrue benefits for use by another individual.
18. Any violation of these Terms and Conditions will automatically result in immediate forfeiture of participation in the Program without notice.
19. Any tax liability resulting from the accumulation or use of Program benefits is the sole obligation of the participant.
20. Any coupons, vouchers, offers, gift cards, gift certificates or any other item that may be exchanged or redeemed for a good or service may be subject to additional terms and conditions which are incorporated by reference herein. Participants are required to comply with such terms and conditions to receive the benefits thereunder.
21. Identifiers may be issued to a participant in the form of a card or other item. Such identifiers have no value and are not redeemable or exchangeable for value. Participants are responsible for damaged, lost or stolen identifiers and all transactions associated with such identifier. Participants may be charged an additional fee to replace identifiers.
General Program Conditions
22. Violation of the Terms and Conditions, including fraud, misrepresentation, misuse of the participation in the program to manipulate accumulation of benefits, or other improper conduct as determined by Sponsor, may subject the participant, without limitation, to termination of the Program participation, forfeiture of all of the participant's benefits, including accumulated points, and/or appropriate administrative and/or legal action by Sponsor or applicable governmental authorities without prior notice. 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.
23. Participation 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.
24. Sweepstakes, contests, offers and other promotions may be subject to additional rules, terms and conditions which participant must comply with to be afforded benefits. See www.amf.com for more information which terms are incorporated herein.
25. In the case of unavailability of any benefit, Sponsor reserves the right to issue a substitute benefit or cancel the benefit without prior notice. No cash equivalent will be provided and all benefits are non-transferable, not re-saleable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion.
26. Sponsor may require participants to submit documentation to permit it to comply with all applicable state, federal and local tax reporting.
27. Each participant, on their behalf and on behalf of their heirs, executors, heirs, executors, administrators, trustees, legal representatives and assigns, unconditionally and forever hereby grant to Sponsor and its employees, contractors, agents, licensees, successors and assigns the irrevocable, worldwide, royalty-free, unconditional and perpetual right: (a) to make audio, photograph, video, fixed works, or other recordings (collectively, “recordings”) of participant’s and winner’s name, address (city and state), image, sounds, likeness, photograph, picture, portrait, voice, biographical information, actions, expressions, and/or any statements made by each participant and winner, including, without limitation, any voice, name, biographical information and likeness owned or controlled by any of them (collectively, “information sets”) in connection with any Program activity which participant participates in, and (b) to edit, make derivative works from, copy, distribute, exploit, broadcast, use and/or transmit such recordings and information sets in all manners, formats and media now known or hereafter devised throughout the universe in perpetuity in such manner and to such extent as Sponsor deems appropriate in connection with any Program activity. All rights of every kind in such recordings and information sets in all manners, formats and media now known or hereafter devised (including without limitation all copyrights therein and all renewals, extensions and restorations of said copyrights), shall be solely owned throughout the universe in perpetuity by Sponsor and its successors and assigns. The rights herein granted include, without limitation, all television rights, theatrical rights, home video and DVD rights, interactive cable rights, internet site rights, so-called “wireless” and mobile device rights (e.g., iPod, cellular phone, ringtones, mp3 player), digital distribution rights (e.g. streaming and download), computer-assisted media rights (including, without limitation, CD-ROM, CD-I, and other similar disc systems), and rights relating to any other devices or methods now existing or hereafter devised, with respect to the use of information sets in and in connection with any Program activity and any derivative works thereof. All rights (including ownership and intellectual property rights) to such recordings and information sets are reserved in Sponsor and are assignable, transferable and sublicensable. The Sponsor has sole discretion to use or not use any such recordings and information sets without notice. No participant is entitled to any proceeds, compensation, royalties, or other payment resulting from such recordings, information sets or the Program activity or otherwise in connection with Sponsor or its assignees usage rights hereunder whatsoever. Any such recordings and information sets publicly distributed shall be subject to the Sponsor’s sole and exclusive discretion. Participant further agrees that Sponsor may use all or any part of the information sets and recordings, and may alter or modify it, regardless of whether or not participant is recognizable. Participant further agrees that Sponsor may use participant’s information set and recordings in connection with any marketing, promotion, publicity, advertisement, and/or merchandising.
28. Participation in the Program constitutes participant’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 by each participant regarding the Program or Sponsor for advertising, marketing, promotional and other business purposes without notice or additional compensation. Each participant hereby irrevocably grants to Sponsor, and those acting with its authority, the unrestricted, irrevocable, unconditional, absolute, perpetual, worldwide right and license to use entrant’s name, address (city and state), photograph, likeness, voice, biographical and personal background information, statements, and Program entry, and, without limitation, any notes, photograph, film, or video or audio tape, recordings that may be taken of participant or of such materials (the foregoing, collectively, the “Content”), without further compensation, consideration, or notice or permission to participant 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.
29. Each participant represents and warrants that (i) there are (and will be) no restraints or limitations upon Sponsor’s usage rights granted herein; (ii) there are no third party agreements or arrangements preventing participant from entering into and carrying out the obligations contemplated under these Terms and Conditions nor from granting Sponsor the rights and benefits set forth herein; (iii) he/she will not at any time make any false, negative, defamatory or derogatory statements regarding Sponsor, its personnel, agents, representatives, officers, directors, other members or its properties.
30. By participating, participant 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. Participants who do not comply with these Terms and Conditions, or attempt to interfere with this Program in any way shall have their participation revoked without notice.
31. 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 participant’s or any other person’s computer relating to or resulting from participating in this Program or downloading any materials in this Program.
32. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Program (or any benefit, reward, or other offering in connection therewith) in its sole discretion without prior notice, including should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the integrity, administration, security, fairness or proper conduct or functioning of the Program. In such event, Sponsor reserves the right to cancel any benefits awarded without notice and forfeit accrued benefits previously awarded without prior notice. Sponsor reserves the right, at its sole discretion, to revoke any individual’s participation in the Program if it finds, in its sole discretion, that such individual is tampering, harming or impairing the operation of the Program or its properties used in connection therewith.
33. CAUTION: ANY ATTEMPT BY A PARTICIPANT 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.
34. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, 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 Program; (4) technical or human error which may occur in the administration of the Program or the participation thereof; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Program or receipt or use or misuse of any benefit. If for any reason a participant’s participation is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is to re-enroll in the Program and any benefits or points accrued through to such date may be cancelled.
35. Each participant 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 by 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.
36. 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 participant be permitted to obtain awards for, and participant 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 official rules, or the rights and obligations of the participant 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 PARTICIPANT 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.
37. 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, participants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
38. Sponsor may solicit or request information from participants in connection with the Program. Any information received by Sponsor or its affiliates or their designees from a participant shall be considered property of Sponsor. Participant agrees: (1) that disclosure and posting of any Works by participant is voluntary, gratuitous, unsolicited and without restriction and will not place the Sponsor under any fiduciary or other obligation, that the Sponsor is free to use or not use any Works, and that Sponsor may disclose the Works on a non-confidential basis to anyone or otherwise use the Works without any additional compensation to participant; and (2) Sponsor does not waive any rights to use similar or related works previously known to Sponsor, or developed by its employees, or obtained from sources other than participant. As used herein, “Works” means anything and everything submitted, delivered, given, uploaded, transmitted, communicated, or otherwise provided by the participant during the time when such individual is a participant, whether as part of the enrollment, participation 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.
39. Participant represents and warrants that Participant is the sole and exclusive creator of the Works and that no third party ownership rights exist to any Works. Participant hereby agrees that all Works once submitted, delivered, given, uploaded, posted, transmitted, communicated, or otherwise shall constitute works made for hire owned exclusively by Sponsor. If, by operation of law, the ownership of Works does not automatically vest in Sponsor, participant will take necessary steps to assign ownership to Sponsor. Prior to any such assignment, participant will hold such rights in the Works in trust for the sole right and benefit of Sponsor 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 Sponsor, participant hereby unconditionally and irrevocably transfers, conveys, assigns, sets over, and quitclaims to Sponsor 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 participant 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 participant, Sponsor, 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, participant hereby waives, to the maximum extent permitted by law, such rights and interests and consents to any action of Sponsor or Sponsor’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 Sponsor, participant hereby is deemed to have given Sponsor 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, participant 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 effect Sponsor’s rights thereto.
40. All rights granted or agreed to be granted by participant hereunder to Sponsor shall vest in Sponsor automatically and immediately upon participant’s creation and submission, delivery or provision of an entry or registration and/or Work to Sponsor, and shall remain perpetually vested in Sponsor and its successors and assigns. Participant 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 Sponsor may reasonably request to effectuate the acknowledgment of ownership of the Work. Participant shall not reuse the Work, or any intermediate or partial version thereof, or any derivative work based upon the Work without Sponsor’s express written consent, which consent may be withheld by Sponsor in its sole discretion.
Changes to the Program
41. Participants acknowledge and agree that participation in the Program and Program benefits are provided at the sole discretion of Sponsor and its Facilities. Sponsor and its Facilities reserve the right to unilaterally change, amend, suspend, cancel or terminate any aspect of the Program, its benefits and/or its Terms and Conditions, in whole or in part, at any time, with or without notice for any or no reason. This means that Sponsor and its Facilities in their sole discretion may at any time, among other things, (1) amend, modify or withdraw any of the Program Terms and Conditions, (2) cancel, revoke, forfeit or change any participant's participation status, points, Program benefits and/or promotions, (3) change the value of accumulated or future points or benefits, (4) adjust points and/or otherwise restrict the continued availability of awards, benefits or special offers or promotions, and/or (5) forfeit any Program benefits 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 participant’s benefits or ability to use accumulated points or receive accrued benefits.
42. Sponsor is not responsible for products or services offered by other companies that may participate in benefits, offers or special promotions provided to participants.
43. 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.
44. If it is determined that the Program has improperly denied a benefit or award to a participant in a manner which is inconsistent with these Terms and Conditions, the participant’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 participant hereby forever releases Sponsor for any type of loss or liability arising therefrom.
45. A participant's participation in the Program indicates his/her unconditional acceptance of and agreement to these Terms and Conditions of the Program.
46. Decisions of the Sponsor as to the administration and operation of the Program is final and binding in all matters related to the Program.