TERMS AND CONDITIONS OF KINGDOM LOYALTY PROGRAM FOR 2013 SEASON
(April 1, 2013)
The 2013 Kingdom Loyalty Program (the “Loyalty Program”), and the corresponding eligibility to participate and receive its benefits, are offered at the sole discretion of the Kansas City Chiefs Football Club, Inc. (the “Chiefs”). The Loyalty Program allows eligible participants to earn points (“Points”) that can be redeemed for offered rewards (each offering, a “Reward” and collectively “Rewards”). The Loyalty Program for 2013 commences February 15, 2013, and continues through midnight on February 14, 2014 (the “2013 Season”). Participation in the Loyalty Program is subject to the Loyalty Program’s terms and conditions (the “ProgramTerms and Conditions”), rules, regulations, policies, procedures and decisions that the Chiefs, in its sole discretion, adopt and amend from time to time.
PLEASE READ CAREFULLY. By participating, you accept and agree to follow the Terms and Conditions governing the Loyalty Program, including any changes the Chiefs make. The above date indicates the date of the most recent change in the Program Terms and Conditions. Any activity to earn or use Points will be considered acceptance and consent to the terms and conditions of the Loyalty Program.
1. Binding Acceptance. THIS IS A BINDING AGREEMENT. By accepting your season ticketholder card (the “STH Card”) and/or by otherwise participating in earning Points or using Points, you are agreeing to the Program Terms and Conditions as presently in effect and as modified and interpreted by the Chiefs from time to time. The Chiefs have the right, in its sole discretion, to change, limit, modify or cancel the Loyalty Program and offerings at any time, with or without notice, even though such changes may affect the value of Points already accumulated, the value of Rewards and/or the time period and ability to accrue or us Points.
2. Eligible Account Holders. The Loyalty Program is currently available only to account holders of full season tickets to the Chiefs 2013 Season (“Account Holders”) who timely make all required payments under their respective payment plans. The Chiefs will automatically enroll Account Holders into the Loyalty Program, but it reserves the right and discretion to terminate or suspend the enrollment of any Account Holder at any time due to non-payment, late payment or other reasons. For purposes of the Loyalty Program, an Account Holder means the holder of the account as indicated in the Chiefs’ account records. In the case of an account with more than one holder,the primary holder of the account as reflected in the Chiefs records is deemed the Account Holder (the “Primary Account Holder”), but the Primary Account Holder may give the password required for log-in into the account to the secondary account holder(s) to act as an agent of the Primary Account Holder as described in 3 below (each a “Secondary Account Holder”). Employees of the Chiefs who are Account Holders are not eligible to participate in the Loyalty Program.
3. An Account Holder may access the Loyalty Program and engage in Point earning, redemption and other Loyalty Program transactions by logging into ChiefsKingdomPass.com (the “Portal”) using the Account Holder’s password and clicking on Rewards. As indicated in 2 above, in the case of an account with more than one holder, the Primary Account Holder may give the account password to the Secondary Account Holder(s). In addition, the Primary Account Holder and/or any Secondary Account Holder may give password access to others age 18 or older to act as agents of the Account Holder. The Primary Account Holder, each Secondary Account Holder (if any) and all individuals given access to the Account Holder’s password required for use the Portal are herein referred to as “Participants”. When logging in for the first time and/or from time to time thereafter, a Participant may be asked to verify personal information or accept the Program Terms and Conditions. Whether or not the Chiefs require such online verification or acceptance, all Participants shall be deemed to be acting on behalf of the Account Holder and shall be deemed to have accepted the Program Terms and Conditions whether or not it, he or she accepted them online. The Chiefs are in no event liable for verification, protection or security of the passwords or for any third party’s unauthorized use of misappropriation of an Account Holder’s Rewards or Points. Each Account Holder is responsible for ensuring the accuracy of its/his or her Loyalty Program account and is encouraged to check it regularly.
4. Point Accrual, Use and Expiration. Points will begin to be accrued upon the Chiefs’ automatic entry of the Account Holder into the Loyalty Program at the beginning of the 2013 Season with initial accrual for the 2013 Season based on the factors set forth in 5(a) below. The Account Holder may continue to earn Points through the remainder of the 2013 Season to the extent additional Point earning opportunities are made available through such date. Points may be redeemed for Rewards as described in 7 below at any time prior to midnight on February 14, 2014, providing there are enough Points in an account for Reward redemption. Unless the Chiefs, in its sole discretion, elects to modify the Loyalty Program to extend or otherwise modify the redemption period, ALL POINTS MUST BE REDEEMED ONLINE BY MIDNIGHT ON FEBRUARY 14, 2014 AND POINTS NOT REDEEMED BY SUCH DEADLINE WILL AUTOMATICALLY EXPIRE WITHOUT NOTICE. Unless the Chiefs, in its sole discretion and subject to its limitations and other terms, elects to modify the Loyalty Program to provide Account Holders with an opportunity to roll over all or some un-used Points to the next season, NO POINTS WILL ROLL OVER TO THE SUBSEQUENT SEASON. The Chiefs may at any time and without notice, among other things: (a) increase or decrease the number of Points able to be accrued for Rewards and other Point earning activities, or increase or decrease the number of Points required to redeem a specific Reward; (b) withdraw, limit, modify or cancel any Point earning opportunity or any Reward; (c) limit the number and type of Rewards made available; (d) change the Point levels; and (e) otherwise change Loyalty Program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, rules governing the use of specific Rewards or other rules governing the Loyalty Program. Please check the Portal frequently for updates to the Program Terms and Conditions, Point earning opportunities and Rewards. Participants are responsible for the payment of all taxes that may result from receipt of a Reward under this Program.
5. Points Schedule and Levels for 2013. Subject to the Chiefs right to alter the Loyalty Program as described in 4 above and elsewhere in the Program Terms and Conditions, Account Holders will earn Points for the 2013 Season in accordance with the Point Schedule set forth in 5(a) below and the cumulative Points earned in the 2013 Season will determines the Points Level of the Account Holder as described in 5(b) below:
(a) Points Schedule. The factors for awarding initial Points in 2013 Season include: (a) the level of Arrowhead Stadium on which the Account Holder’s seats are located; (b) the number of seats/season tickets the Account Holder purchased; (c) the number of consecutive seasons the Account Holder has had full season tickets; (d) the type and number of parking passes the Account Holder purchased; and (e) the Account Holder status as a member of the Founder’s Club. The specific Points are as follows:
(i) Level. An Account Holder with full season tickets on the Scout Investments Club Level earns 10,000 Points. An Account Holder with full season tickets on the Lower Level earns 5,000 Points and an Account Holder with full season tickets on the Upper Level earns 3,000 Points. If an Account Holder has full season tickets on more then Level, the Account Holder’s Points will be based on the Level purchased that earns the most Points.
(ii) Number of Seats/Season Tickets. For each seat/full season ticket over one, the Account Holder earns an additional 200 Points up to 10 additional seats.
(iii) Consecutive Years. For each consecutive season that the Account Holder has purchased full season tickets, the Account Holder earns an additional 300 Points.
(iv) Parking. An Account Holder with Season Gold Parking earns 2,000 Points and an Account Holder with Season Red Parking earns 1,000 Points. If an Account Holder has more than one season parking pass, the Account Holder’s Points for parking will be based on the Season Parking Pass that earns the most Points and the Account Holder will earn an additional 500 Points for each Season Parking Pass over one, up to two additional Season Parking Passes or an additional 1,000 additional Points.
(v) Founder’s Club Membership. An Account Holder who is a member of the Founder’s Club earns an additional 500 Points.
Plus, the Chiefs may from time to time during the 2013 Season offer other opportunities to earn Points.
(b) Point Levels. The specific Rewards offered to Participants under the Reward Options described in 6 below may differ depending on the cumulative number of Points earned by the particular Account Holder during the 2013 Season, with more exclusive and valuable offerings generally made available to Account Holders at the higher Point levels. The Point Levels for the 2013 Season are as follows:
(i) Rookie Level: Under 10,000 Points;
(ii) Starter Level: From 10,000 to 19,999 Points;
(iii) Veteran Level: 20,000 to 29,999 Points;
(iv) All Pro Level: From 30,000 to 44,999 Points; and
(v) Hall of Fame Level: At and over 50,000 Points.
1. Timing. Point balances may take up to three (3) business days to be reflected in an Account Holder’s Loyalty Program account. If additional time is needed for any reason, the Chiefs reserve the right in its sole discretion to award Points later. If a Participant believes that Points were not properly accrued to the Account Holder for who he/she is an agent, the Participant must notify the Chiefs by sending an e-mail to firstname.lastname@example.org; The e-mail must specify the date the Points were earned, the activity, and the number of Points. This e-mail must be sent no later than (15) days after the date on which the Points were earned. The Chiefs are not responsible for late notifications about Points not be credited to an account, and may not award the Points to the Account Holder regardless of the reason for the failure. The Chiefs reserves the rights to investigate any claim of Points not being credited to an account, and take whatever action it deems appropriate to ensure the fairness and proper administration of the Loyalty Program.
2. Redemption Options. Participants may use Points to redeem Rewards in two primary ways. These include the Redeem Now Option and the Auction Option described below.
(a) Redeem Now. The Chiefs will offer merchandise, discounts, offers and other of items of value listed on the Portal for redemption using Points (“Reward Items”) and shall designate the number of Points required to acquire each such Reward Item. All Reward items are available only while supplies last and are subject to any and all other limitations detailed on the Portal. Once the Account Holder has earned enough Points to acquire a desired Reward Item, a Participant my click on the Redeem Now button on the Portal. The Account Holder’s Points shall be reduced by the number required for the selected Reward Item and the Chiefs shall provide or arrange for fulfillment of the selected Reward Item.
(b) Auctions. The Chiefs will offer items for auction open to bidding by Participants using Points in bidding (“Auction Items”). The Chiefs may establish additional terms and conditions unique to each auction (such as auction procedures, required minimum bids or bid increments, etc.), which additional terms will be included on the auction details page for each auction. The Chiefs reserve the right to rescind or reject any and all bids. Bids cannot be retracted once made. If the Participant’s bid is selected as the winning bid, the Account Holder’s Points shall be reduced by the number bid for the Auction Item under the winning bid and the Chiefs shall provide or arrange for fulfillment.
Certain Reward Items and Auction Items will be available only to Account Holders who have achieved a specified Point Level as described in 5.(b) above. All Point redemptions are final. ALL REWARD ITEMS AND AUCTION ITEMS ARE REDEEMED AS IS WITHOUT WARRANTY OF ANY KIND. THE CHIEFS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Unless the Chiefs, in its sole discretion, elects to modify the Loyalty Program to extend or otherwise modify the redemption period, ALL POINTS MUST BE REDEEMED ONLINE BY MIDNIGHT ON FEBRUARY 14, 2014 ANDPOINTS NOT REDEEMED BY SUCH DEADLINE WILL AUTOMATICALLY EXPIRE. Fulfillment may be by mail to the address of the Account Holder or by pick-up at the Chiefs offices, as determined by the Chiefs in its sole discretion.
1. Tickets. When using a Reward that constitutes a ticket to an event, the tickets shall be subject to the same terms and conditions as those generally applicable to other ticket holders including, without limitation, all retained rights of revocation, cancellation, non-renewal and ejection. Without limiting the meaning of the preceding sentence, the Chiefs reserve, on behalf of itself and applicable third party event promoters, the right to exclude or eject, without liability, any and all unruly, rowdy or disruptive persons attending the event using the Participant’s tickets and the Participant shall be fully responsible for any damages or expenses, direct or indirect, incurred by the Chiefs and its affiliates as a result of such disruptive behavior and/or ejection. In no event may any Participant sell or use any of the furnished tickets in connection with any media promotion (including, but not limited to, newspaper, magazine, Internet, television or radio) without the Chiefs prior written consent.
2. Sweepstakes. The Chiefs may from time to time offer sweepstakes opportunities to Participants through the Loyalty Program. Neither employees nor immediate family members of the Chiefs or its affiliates or sponsors are eligible to participate in any sweepstakes offered through the Loyalty Program. For details regarding individuals excluded, see the Official Rules of the particular Sweepstakes, which will be made available on the Portal.
3. Character, Restrictions and Limitations of Points and Rewards. Points are NOT the property of the Account Holder and can be revoked by the Chiefs at any time. Points have no cash value and are only redeemable for offered Rewards via the Loyalty Program. Points and Rewards cannot be redeemed for cash or credit, and cannot be used in connection with any other offer or discount. Points and Rewards are not refundable, exchangeable, replaceable or transferable for cash or credit. The Chiefs are not responsible for Rewards lost, misdirected or delayed via mail or over email, nor does it guarantee on-time delivery of Rewards. There are no guarantees that requested Rewards will be available and may be subject to availability or other limits.
4. Non-Transferable. Points and Rewards may not be sold by any means, electronic or otherwise and it is a violation of the Loyalty Program for any one to purchase Points from third parties, combine Points obtained by others, or transfer or sell Points. Any attempt to buy, sell, consolidate or transfer Points or Rewards in violation of the above prohibition shall be deemed void and may result in disqualification from the Loyalty Program and/or forfeiture of all accrued Points.
5. Revocation, Cancellation and Other Actions. The Chiefs reserve the right to discontinue the participation privileges and revoke Points of any Participant who the Chiefs determine, in its sole discretion, has engaged in fraudulent or abusive activity or otherwise used the Loyalty Program in a manner inconsistent with the Program Terms and Conditions or with any federal state or local laws, statutes or ordinances. In addition, the Chiefs shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. The Chiefs reserve the right to rescind Points credited to an account which were obtained by mistake, fraudulent or unsportsmanlike activity or through technical failures of any kind, including but not limited to, malfunctions, interruptions or disconnections in Internet, phone lines, or network hardware or software related to the Loyalty Program.
6. Communication; Account Contact Information. The Portal and/or email to the contact address of the Account Holder are the primary methods of communicating information regarding the Loyalty Program to Account Holders and certain Point earning opportunities and/or Rewards may be communicated only via the Portal. Account Holders are responsible for ensuring its/his or her email and address information is accurate and up-to-date. The Chiefs are not responsible for any e-mail notifications that are bounced back or misdirected. The Chiefs are not responsible for non-receipt of any Reward that was shipped to the mailing address associated with the account of the Account Holder as modified from time to time by any Participant with password access or is picked up be a personal claiming to be the Account Holder or an authorized agent of the Account Holder.
(a.) Decision-Making Authority of the Chiefs. The Chiefs have the sole right and authority, in its sole discretion, to make all decisions regarding questions or disputes or issues regarding eligibility for the Loyalty Program, accrual or use of Points, Rewards, a Participant’s compliance with the Program Terms and Conditions and other issues arising in administration of the Loyalty Program and such decisions are binding on all Participants. The Chiefs have the sole discretion to interpret and apply the Program Terms and Conditions.
1. Void Where Prohibited by Law. The awarding of Loyalty Program benefits is void where prohibited by law.
2. Non-Waiver. The Chiefs’ waiver of any breach of the Program Terms and Conditions shall not constitute a waiver of any other prior or subsequent breach of the Program Terms and Conditions. Its failure to insist upon strict compliance with the Program Terms and Conditions shall not be deemed a waiver of any rights or remedies that it may have against that or any other Participant or Account Holder.
1. Limitations on liability. The Chiefs are not responsible for any incorrect or inaccurate transcription of information, for any problems related to the equipment, software or programming associated with the Loyalty Program or used by any Participant, for any human error, for any interruption, deletion, omission, defect or line failure of any telephone network, cellular network or electronic transmission, for any problems relating to computer equipment, software, inability to access the Portal, website or online service, or for any other technical or non-technical error or malfunction. If the Chiefs improperly deny an Account Holder any Points, liability will be limited to the equivalent number of Points. BY ACCEPTING THE STH CARD AND/OR PARTICIPATING IN THE LOYALTY PROGRAM, EACH PARTICIPANT AGREES THAT THE CHIEFS AND THE OTHER COMPANIES DESIGNATED BY THE CHIEFS TO PARTICIPATE IN ADMINSITRATION OF THE LOYALTY PROGRAM OR PROVISION OF REWARDS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND THE RELEASED PARTIES ARE AND SHALL BE HELD HARMLESS BY ACCOUNT HOLDERS, PARTICIPATANTS AND OTHERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A REWARD, OR PARTICIPATING IN THE LOYALTY PROGRAM OR REWARD-RELATED ACTIVITY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO THE ACCOUNT HOLDER OR ANY PARTICIPANTS FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THIS SECTION WILL SURVIVE TERMINATION OF A PARTICIPANT’S PARTICIPATION IN THE LOYALTY PROGRAM.
2. Governing Law; Exclusive Venue. The Loyalty Program shall be governed by the laws of the State of Missouri and Jackson County, without regard to its conflicts of laws, rules or policies. By accepting the STH Card and/or participating in the Program, the Account Holder and each of its/his or her Participants irrevocably: (a) consents to the exclusive venue and jurisdiction of the Circuit Court for Jackson County, Missouri, or the United States District Court for the Western District of Missouri, for the purpose of any suit, action or other proceeding arising under this Agreement; (b) WAIVES ANY RIGHT IT/HE OR SHE MAY HAVE TO A JURY TRIAL IN ANY SUIT, ACTION OR PROCEEDING EXISTING OR RELATING TO THIS AGREEMENT OR ANY ANCILLARY AGREEMENT; (c) WAIVES ANY RIGHT TO BRING ANY CLAIM IN ANY FORM OF CLASS ACTION; and (d) WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THE LOYALTY PROGRAM IN ANY FORUM MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. If any part of the Program Terms and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from the Program Terms and Conditions in such jurisdiction and the remaining provisions will remain in full force and effect.
If you have any questions about the Loyalty Program or your account, you may contact Chiefs Customer Relations by emailing email@example.com or calling 816-920-4237.
Chiefs Season Ticket Holders, please login to enter the Chiefs Kingdom Pass site. Not a Season Ticket Holder? ThNot a Season Ticket Holder? Contact Customer Relations at 816.920.4237 or firstname.lastname@example.org for more information.