The BeBop Club/BeBop Bucs Program
TERMS AND CONDITIONS
PLEASE READ CAREFULLY. By enrolling in this program, you agree to the following terms and conditions that govern the The BeBop Club/BeBop Bucs Program.
A. Overview of The BeBop Club/BeBop Bucs Program
The BeBop Club/BeBop Bucs Program (the "Program") is a loyalty program sponsored by The BeBop Channel Corporation (“Sponsor”) through which individuals (“Participant(s)”) who have a valid BeBop Club Member ID, use BeBop Bucs (“Bucs(s)”) that will be credited to Participant's BeBop Club Account as set forth herein toward the purchase of Arts Products and Services. Participants may redeem Bucs through the “Catalogs” described below. Participants will use Bucs for total or partial payment of Products and Services as determined by the Merchants who make such items available through our Program. A total of $10,500 BeBop Bucs shall be credited to new members prior to availability of the Catalog which is estimated to commence in November 2021. (See Commensurate and Cash Value explanations below).
B. Eligibility and Participation in the Program
1. Program Eligibility: The Program is open to all persons globally who are at least twenty-five (25) years of age or older EXCEPT and to the EXTENT that this program or aspects of this program are prohibited by law in the United States and is prohibited in countries and territories as designated by The Office of Foreign Assets Control ("OFAC") including Cuba, Iran, Lebanon, Syria, North Korea, Libya, Sudan and Somalia.
Participants will be issued a BeBop Club Account ID at the time they register for the Program at thebebopclub.com or at beboptv.com. Accounts are free, but subject to these Terms and Conditions. Membership in The BeBop Club/BeBop Bucs Program is separate and apart from The BeBop Channel Member Community platform designed for information and communication purposes at beboptv.com.
NOTE: Your BeBop Club Account profile must include a complete first and last name and a valid and eligible email address. If your The BeBop Club Account does not meet these requirements, you may be suspended from the Program.
2. Registration: To enroll in this Program and thereby create a BeBop Club Account, Participant is required to register online (thebebopclub.com or at beboptv.com), and agree to these Terms and Conditions. Continued participation in the Program constitutes each Participant's continued full and unconditional agreement to these Program Terms and Conditions, as they may be updated from time to time (“Rules”), and representation that Participant meets the eligibility requirements set out in these Rules. Those who do not comply with these Rules may be prohibited from participating in the Program as determined by Sponsor in its sole discretion. There is a limit of one (1) BeBop Club Account per person/e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated when registering (and who otherwise meets the eligibility criteria) will be deemed the Participant. (2) A Participant is also prohibited from acquiring or maintaining more than one (1) account in the Program by either (a) multiple names or aliases or (b) multiple email addresses registered by the same person.
3. Participant's Personal Information: Sponsor does not sell or share Participant’s personal information with third parties. Participant’s personal information, in the course of purchasing a Product or Service, is shared with the participating merchant to the extent necessary to complete such transaction.
4. Receive Notifications From Sponsor: By accepting these Rules and signing up for the Program, Participants hereby agree to receive email messaging to the email address associated with his/her BeBop Club Account.
C. Duration, Modification and Termination of the Program
1. Sponsor also reserves the right to suspend or modify the Program, at its discretion, at any time with or without notice. Termination, modification or suspension may affect a Participant's ability to redeem accumulated BeBop Bucs. Participants will be able to redeem Points at any time as set forth in Section E below.
2. A Participant's continued participation in the Program constitutes his or her acceptance of any changes to these Rules.
D. Earning BeBop Bucs
Participant is awarded a fixed amount of BeBop Bucs upon registration - $10,500 BeBop Bucs for use toward purchases of Products and Services. At such time in the future, at the sole discretion of Sponsor, Sponsor may make available a process to obtain additional Bucs.
E. BeBop Bucs Commensurate Value
BeBop Bucs have a commensurate value of $1 US Dollar for the sole purpose of their nominal application to corresponding prices of Products and Services in The BeBop Club Catalogue. They have no cash value (see below).
F. BeBop Bucs Cash Value, Forfeiture of Bucs, & Viewing Bucs
1. No Cash Value or Transferability: BeBop Bucs do not constitute property, do not entitle a member to a vested right or interest and have no cash value. As such, Bucs are not redeemable for cash, transferable or assignable for any reason. Accordingly, Bucs are not transferable (a) upon death, (b) as part of a domestic relations matter, (c) from separate BeBop Club/BeBop Bucs Accounts held by one Participant, or (d) otherwise by operation of law. The sale or transfer of Bucs is strictly prohibited. Bucs may not be sold on any secondary market, and any transfer of Bucs to a secondary market shall be deemed void. Any Bucs remaining in a Participant’s BeBop Club/BeBop Bucs Account if the Program is canceled will be forfeited without compensation. There shall be no carry over or transfer of Bucs to other Sponsor programs, unless otherwise determined by Sponsor in its sole and absolute discretion.
2. Bucs Expiration: BeBop Bucs do not expire with the exception of the termination of the program at the sole discretion of the Sponsor.
3. BeBop Bucs Viewable in Participant’s BeBop Club/BeBop Bucs Account: The number of Bucs available to each Participant will be tracked in the Participant’s BeBop Club/BeBop Bucs Account. BeBop Bucs will be debited from Participant’s BeBop Club/BeBop Bucs Account after (i) transaction confirmation; (ii) the applicable return period has lapsed; and/or (iii) the applicable chargeback window has closed. However, each Participant will have the responsibility of ensuring that his/her Bucs are properly debited. Any claim for Bucs not debited accurately must be received by Sponsor within seven (7) days of the date of claimed debit of such Bucs. Manual issuance of Bucs can take up to sixty (60) days. Sponsor shall have no liability for any printing, production, typographical, mechanical or other errors in the Bucs’ summaries or Participant BeBop Club/BeBop Bucs Account. Sponsor reserves the right to invalidate Bucs from a Participant BeBop Club/BeBop Bucs Account if it determines that such Bucs were improperly debited or obtained fraudulently. Sponsor reserves the right to require proof of Bucs and Sponsor reserves the right to delay the processing or redemption of any Bucs without notice to Participants in order to assure compliance with these Rules. Participants are responsible for maintaining the confidentiality of their Participant BeBop Club/BeBop Bucs Accounts and passwords and for restricting access to their Devices and activity on their Participant BeBop Club/BeBop Bucs Account, and Participants agree to accept responsibility for all activities that occur under their BeBop Club/BeBop Bucs Account. Without limiting any other remedies, Sponsor may suspend or terminate a Participant’s BeBop Club/BeBop Bucs Account if Sponsor suspects that a Participant has engaged in fraudulent activity in connection with the Program. Participation in the Program is subject to these Rules, as well as policies and procedures that Sponsor may adopt or modify from time to time. Any failure to abide by these Rules or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Bucs remaining to date, all as determined by Sponsor in its sole Discretion.
G. Commencement of Program Purchases
Items and Services available for purchase under the Program shall commence at or around November 2021 or at such time as determined by Sponsor. Participant is receiving BeBop Bucs in advance of such availability.
H. Redemption of Bucs
Bucs may be used to purchase products and services in the The BeBop Club Catalog, to purchase Qualified Products and Services through thebebopclub.com at any time such becomes available. The total number of Bucs Participants can use is the number of Bucs available in their BeBop Club/BeBop Bucs Account.
NOTE: The use of BeBop Bucs for any particular Product or Service may not cover the entire purchase price depending upon the offering. In such cases, the entire cost of the item shall be listed along with the total nominal amount of BeBop Bucs allowed to be spent toward that Product of Service, this may vary between 100% and 25% of an item’s purchase price in which BeBop Bucs may go towards its purchase,
a) Sponsor reserves the right to modify the list of items available for purchase, as well as their corresponding Bucs values, at any time for any reason.
b) All purchases are for items from the The BeBop Club Catalog are final and the Bucs will be deducted from Participant's The BeBop Club/BeBop Bucs Account.
c) Sponsor reserves the right to substitute an item advertised with an item of equal or greater value due to unavailability or for any other reason.
e) Participants will receive confirmation emails notifying them when they purchased an item through The BeBop Club Catalog.
f) Fulfillment process and timing will vary depending on the product or service purchased through the The BeBop Club Catalog. Details will be provided at the time of purchase.
g) Except as otherwise provided herein, no refunds will be provided on any purchased item. If for any reason a purchased item is received damaged, becomes unavailable, or cannot be fulfilled, Sponsor, in its sole discretion,and when applicable, reserves the right to replace the purchased item with a similar item of equal or greater value.
2. Using Bucs to Purchase items on thebebopclub.com may not be available to residents of certain territories.
a) BeBop Bucs may not be used to pay for shipping or taxes or other fees, if any, unless included by the merchant.
b) Upon completion of check out, Bucs will be deducted from Participant’s BeBop Bucs Account. The deduction is final and except as described below in subsections (c) and (d), Bucs will not be returned.
f) Where return or cancellation of a Qualified Product(s) are permitted, Bucs will be returned to Participant upon cancellation or once Sponsor confirms satisfactory return of the applicable Qualified Product(s).
g) Where both cash and Bucs are used for a purchase or where multiple Qualified Products are purchased but not all Qualified Products are satisfactorily returned, the Bucs returned to Participant will be provided on a pro-rata basis.
I. Taxes Other Sales Taxes
1. Participants are responsible for the payment of certain taxes which may result from prizes and gifts received from merchants and participation in the Program.
2. Participants may be required to complete tax documents, including an IRS W-9 or equivalent, in order to receive prizes won through promotional games in The BeBop Club Catalog or if they win an aggregate value of $600 in prizes in one calendar year. Participant will then receive an IRS Form 1099 reporting the total value of all prizes won for the applicable calendar year.
J. General Terms and Conditions
1. Sponsor reserves the right to suspend or discontinue the eligibility of any person who uses, or, in the case of suspension, is suspected of using, the Program in a manner inconsistent with these Rules or any US federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
2. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any of these Rules shall not constitute a waiver of that, or any other, provision.
3. The Program is provided to individuals, corporations, associations and organizations.
4. All questions or disputes regarding eligibility for the Program, the availability of items, or a Participant’s compliance with these Rules will be resolved by Sponsor in its sole discretion.
5. Sponsor is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
6. Participants are responsible for the payment of all taxes which may result from participation in the Program.
7. Participants are responsible for maintaining updated contact information associated with their BeBop Club Membership.
8. The Program is subject to all applicable laws and regulations.
K. Limitation of Liability
1. Sponsor, and its parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, shareholders, agents and promotional and advertising agencies, successors, assigns (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that The BeBop Club Program is temporarily corrupted and suspended, notice of such will be provided and Participants will be advised to (1) not redeem Bucs until such time that the Program, as originally intended, may be resumed.
2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Sponsor and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.
3. IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM THE BEBOP CHANNEL CORPORATION AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPONSOR’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4. Released Parties are not responsible for any products or services offered in The BeBop Club Catalog other than those manufactured by Sponsor. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SPONSOR SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES SOLD THROUGH THE PROGRAM, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
5. As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, Participant’s rights and obligations, or the rights and obligations of 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 State of New York.
6. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Rules, which will otherwise remain in full force and effect.
Sponsored by: The BeBop Channel Corporation
P.O. Box 231143 New York NY 10023
© 2021 The BeBop Channel Corporation