TERMS and conditions OF USE
We are pleased to welcome you to Beat The Bomb (“Beat The Bomb”) and our website, www.beatthebomb.com (the “Website”). Our Website is owned and operated by Task Force Zero LLC dba Beat The Bomb (hereafter, “Beat The Bomb”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Website and Beat The Bomb’s services offered through the Website. Beat The Bomb is an in-person interactive team-building experience where players must take on several different challenges which may include a Laser Maze and a special effects bomb that explodes if they lose (“Missions”). Beat The Bomb also offers in-person free form immersive gaming experiences called Game Bays. And Beat The Bomb also offers online video games designed specifically for virtual team building—to strengthen team skills and maximize employee engagement in a new and outrageous way (“Virtual Games”; collectively, Missions, Game Bays and Virtual Games are referred to herein as “Services”).
In these Terms of Use, the words “you” and “your” refer to each user, Player (defined below), Website guest or visitor and are collectively referred to as “user,” and “we”, “us” and “our” refers to Beat The Bomb, its subsidiaries, successors in interest and assigns, and www.beatthebomb.com.
These Terms of Use are a binding and legal contract between you and Beat The Bomb and explain the rules governing your use of our Website and Services. Please read these terms of use carefully before using this Website and make sure you understand them. These Terms of Use, along with the booking form you complete in order to book a Mission (“Booking Form”) and all documents referenced herein, represent the entire understanding and agreement between Beat The Bomb and you regarding your use of this Website. This Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms and Conditions.
CONSENT TO TERMS AND CONDITIONS
By using the Website, you agree that you have read and understood the Terms of Use, agree that you will comply with same for as long as you use the Website and acknowledge that you are legally bound by them.
Booking and Ticketing Terms and Conditions
When you book and/or purchase a particular Mission or a Game Bay, the Master Terms of Roller (“Terms”), a booking platform found at roller.software/master-terms will govern, among other aspects of the booking, the collection and of your financial information. You will have access to the Roller Terms during the checkout process, and you will need to read and accept such Terms prior to and in order to check out. When you book a Virtual Game, the Terms and related documentation of Xola, a booking platform found at xola.com will govern, among other aspects of the booking, the collection and of your financial information. You will have access to the Xola terms during the checkout process, and you will need to read and accept such Terms prior to and in order to check out.
USE OF THE WEBSITE
Access to, distribution and/or use of the Website and Services are subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website or Services would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit the Website, register for any functionality of the Website, and/or access and utilize the Services, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website or Services.
By having accepted these Terms of Use or otherwise participating in any activities and/or Services offered on or through the Website, you affirm, represent and warrant that: (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website and the Services shall not otherwise violate any applicable law, rule or regulation.PLAYER PROFILES
When you log into our Virtual Games or book or participate in a Mission, you will be asked to provide us with certain Personal Information, including your name, e-mail address and phone number, which we will retain (your “Player Profile”). All information you provide must be truthful. You are responsible for providing accurate information when you create your Player Profile. and for any use or unauthorized use of the Website. You must be at least 18 years old to create a Player Profile. The information you provide to us is subject to our Privacy Policy. Please see our Privacy Policy for information concerning the collection and use of Personal Information from this Website.
Termination or Cancellation of Your Access to Missions/Deletion of Your Player Profile
You may delete your Player Profile at any time, at your sole discretion, by sending an e-mail to info@beatthebomb.com.
We may terminate, and/or suspend your participation in Missions and/or access to the Virtual Games and any other Services at any time, and/or delete your Player Profile for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Beat the Bomb may refuse service to anyone, at any time, for any reason."BEAT THE BOMB REWARDS" LOYALTY PROGRAM
You can earn rewards in Beat The Bomb's Loyalty Program "Beat The Bomb Rewards" (the "Loyalty Program") by participating in Beat the Bomb Missions and Game Bays. The Loyalty Program is not available to Virtual Game players. Please see our Loyalty Program Terms and Conditions to understand who is eligible to earn awards and how you can earn and use them.
CHANGES TO THE TERMS OF USE
From time to time, these Terms of Use may change. Beat The Bomb reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Website and changes will become effective once posted. Your continued access to or use of the Website or Services will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.
You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top of the Terms of Use page of the Website.OWNERSHIP OF THE WEBSITE
Beat The Bomb owns and/or controls all rights necessary for operation and use of the Website and provision of the Services (collectively, “Materials”). Beat The Bomb hereby grants you permission to use the Website and Services, as applicable, as set forth in these Terms of Use, but nothing in these Terms shall be construed to confer upon you any intellectual property rights in the Materials, other than the license granted to Subscribers. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Beat The Bomb in any form or manner.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Beat The Bomb, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.OWNERSHIP OF CONTENT SUBMITTED TO WEBSITE
Content submitted by Users to or through the Website is “Customer Content,” which is owned and controlled by user. Intellectual property rights in and to User Content are vested in user. User hereby grants to Beat The Bomb a license to modify, translate, reproduce, and otherwise act with respect to Customer Content to enable us to generate reports and otherwise adapt the Customer Content to provide the Services and otherwise respond fulfill the requirements and purposes of Beat The Bomb.
links
The Website may contain links to other websites and/or applications, and social media features (collectively, “Apps”) that are not controlled and/or maintained by Beat The Bomb. Access to and use of such other Apps is at your own risk and subject to any Terms of Use and Privacy Policies which govern such Apps. By providing such links, Beat The Bomb shall not be deemed to endorse, recommend, approve, or guarantee any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such Apps. Beat The Bomb is not responsible for the content contained on any such App, or for the failure of any product or service offered, available for purchase, or advertised on any such App or for any damages that may result therefrom. Copyrights in the materials or information on the linked Apps are owned by other organizations. Moreover, such other Apps may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other Apps before using them.
RESOLVING DISPUTES
If you have a dispute with Beat The Bomb relating to the Website, the Terms of Use will govern any legal dispute involving the Website and/or the Services. Please contact us at info@beatthebomb.com and we will attempt to resolve the dispute with you.
Use in the United States
This Website and the Services are intended for use within the United States, and we control and operate the Website and provide the Services from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website or Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
your responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website. You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Website and Services.
User Conduct on the Website
In connection with your use of the Website and the Services, you may not and you agree that you will not:
· use manual or automated software, devices,scripts, robots, backdoors or other means or processes to access,"scrape," "crawl" or "spider" any web pages orother services contained on the Website;
· reproduce, modify, adapt or create derivativeworks of any part of the Website;
· reverse engineer, disassemble decompile, translate or otherwise seek to obtain the source code, algorithms, file formats, or other proprietary non-public application interface to the Website and Services;
· copy, store or otherwise access or use any information contained on the Website and the Services for purposes not expressly permitted by these Terms of Use;
· interfere with or damage the Website including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.Limitation of Liability and Warranty and Use Disclaimer
Beat The Bomb endeavors to make sure that all information and data it originates on the Website is accurate. However, Beat The Bomb is not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL CONTENT AND MATERIAL CONTAINED ON THIS WEBSITE, ALL SERVICES PROVIDED ON THIS WEBSITE AND ALL LINKS OR OTHER ITEMSRELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE,SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. BEAT THE BOMB RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE WEBSITE OR SERVICES NOT BEING AVAILABLE AT ALL TIMES. UNLESS PROHIBITED BY LAW, NEITHER BEAT THE BOMB (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE AND THE SERVICES, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR SERVICES OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES BEAT THE BOMB MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THE SERVICES; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF BEAT THE BOMB’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE WEBSITE OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANYCONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE OR THE SERVICES.
Beat The Bomb is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.ELECTRONIC COMMUNICATIONS
When you communicate with Beat The Bomb electronically, via email or otherwise, you consent to receive electronic communications from Beat The Bomb. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Beat The Bomb satisfy any legal requirement that such communication be in writing. Please see our Privacy Policy concerning providing information to Beat The Bomb, your consent to receiving information from Beat The Bomb, your ability to withdraw such consent, and Beat The Bomb’s obligations with respect to maintaining and/or returning any information you have provided to Beat The Bomb. To request a copy of information you provided to Beat The Bomb, please contact us at info@beatthebomb.com.
With respect to all communications you make to Beat The Bomb directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Beat The Bomb shall have no obligation to protect your communications from disclosure; (ii) Beat The Bomb shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Beat The Bomb shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.ACQUISITION OF BUSINESS
In the event that Beat The Bomb, or an affiliate of Beat The Bomb is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Beat The Bomb goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on and through the Website for Beat The Bomb’s own purposes (including Personal Information still within our possession, custody or control), and any of our rights and obligations under the Terms of Use and/or the Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Beat The Bomb may continue to use the Personal Information as set forth in the Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.
CONTACT US
If you have any questions concerning this Website, the Services or any of the policies set forth in these Terms of Use, please contact us at info@beatthebomb.com.
Copyright Infringement - Notice and Take-Down Policy
Beat The Bomb values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Beat The Bomb in writing as follows:
Electronic Mail Address: info@beatthebomb.com
In your notice, you must include the following:
i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Beat The Bomb to locate such materials;
iv. contact information (i.e., name, address, email address) sufficient to enable Beat The Bomb to contact you; v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.U.S. EXPORT CONTROLS
Software from or related to this Website including but not limited to the work management platform through which Beat The Bomb provides the Services (collectively, the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Website. No Software may be exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software at your sole risk.
Beat The Bomb is not responsible for unauthorized downloading and/or exportation of Software and user shall indemnify Beat The Bomb for any claims or damages, including but not limited to costs and attorneys’ fees, asserted or assessed against Beat The Bomb for such unauthorized downloading and/or exportation of Software.DISPUTES AND GOVERNING LAW
Use of this Website and Software and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Beat The Bomb of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Beat The Bomb’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of your acceptance of these Terms of Use and/or accessing and/or using this Website and the Software, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website and/or the Software shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
Except as otherwise provided, agreeing to these Terms of Use as regards arbitration constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website and the Software you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates, in whole or part, to: this Website, the Software, and/or the Materials.
Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs or One Hundred Dollars ($100), whichever is greater. Notwithstanding anything to the contrary set forth in these Terms of Use, Beat The Bomb may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Beat The Bomb that has jurisdiction, in the event that Beat The Bomb believes that there is a violation, or a threatened violation of any of Beat The Bomb’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
BEAT THE BOMB REWARDS: TERMS AND CONDITIONS OF PARTICIPATION
Welcome to Beat The Bomb Rewards, a loyalty program (the "Program") operated by Beat The Bomb (“BTB”) where you can earn rewards by participating in BTB immersive team experiences including Missions and Game Bays (collectively, “Services”). Please note that by participating in the Program, you agree to be bound by the terms described below and incorporated herein by reference. If you do not agree to be bound, please do not participate in the Program.
1. Membership Eligibility and Overview
1.1. The BTB Program is offered at the sole discretion of Beat the Bomb (“Beat the Bomb”, “we,” “our” or “us”). The Program is available to participants of Missions and Game Bays (“Players”). The Program is not available to Virtual Game Players. Individuals who are residents of the United States(including its territories and possessions) and at least 18 years or older and who provide and maintain a valid email address are eligible to be Players and earn rewards.
1.2. By participating the Program as a Player, you(individually and collectively, “you,” “your,” or “Player”), agree that you have read, understood and agree to be bound by these Loyalty Program Terms and Conditions (“Program Terms”) and by any changes or modifications we may make. You should review these Program Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. By participating in the Program, you also agree to be bound by our Privacy Policy and our website Terms and Conditions, which are incorporated herein by reference. If you do not agree to these Program Terms, our Privacy Policy, and our website Terms and Conditions, you cannot participate in the Program. The Program is void where prohibited by law.2. Program Enrollment
2.1 When you check in onsite to participate in a Mission or a Game Bay, you will be asked to provide your first name, last name, email address, date of birth (you must be at least 18 to be eligible to earn rewards)and mobile phone number. Upon check in and provision this information, your “Player Profile” will be created and you will automatically be enrolled in the Program. You are solely responsible for providing accurate Profile information. When you earn Program rewards, your Player Profile will store these rewards and automatically update as you continue to earn rewards. BTB will send you an email when you earn a reward.
2.2. Only one Player Profile may be associated with a singleemail address.3. How Rewards Are Earned
3.1. The Program is BTB’s way of saying “thank you” to our loyal Players. Earning rewards is as easy as playing a Mission or playing a Game Bay. A Player will earn one reward the first time the Player plays each of BTB’s Missions: Paint, Foam and Slime in one of BTB’s locations. The first time a Player beats one of the Missions—which may happen the first time the Player plays a Mission or it may take several plays at future times--, that Player will earn another two rewards (for a total of three rewards per Mission, once each Mission is played and beaten). If you play a Game Bay, you will earn another reward. However, you can earn a reward for playing a Game Bay only once, the first time you play. Once a Player has played and beaten all of the Missions in a particular location and has played one Game Bay, and has earned ten (10) rewards-- the total number of rewards that can be earned-- he/she can no longer earn rewards at that same location. There is no time limit on the time you have to earn rewards. However, you must redeem each reward within one year from the date that you first earned that reward in a particular location. (You can earn another 10 rewards at a new and different BTB location). Please visit our FAQs to learn more about earning rewards and reaching the Program loyalty levels.
3.2. Beat the Bomb Rewards is a level-based program determined by the number of rewards a Player has earned. Each of the levels is worth one reward, and you earn them as you participate in the Missions and Game Bay session and advance to the next level. These are the levels associated with rewards:
One Reward: 25% Off Next Play (“Discount Ticket Reward”)
Two Rewards: 25% Off Food Item
Three Rewards: One Free Drink
Four Rewards: 40% Off Booking (“Discount Ticket Reward”)
Five Rewards: One Free T-Shirt
Six Rewards: One Free Food Item
Seven Rewards: Premium Ticket Upgrade
Eight Rewards: Free VIP Package
Nine Rewards: One Free Hat
Ten Rewards: Beat the Bomb Trophy
Please note that you cannot apply your rewards to any large group event or catering package.4. Redemption of Rewards
4.1. Rewards can be redeemed only on future visits to BTB (not at the time you participate in the Mission or Game Bay session and earn the reward), but you can use your rewards only at the location where you earned them.
4.2. If you book a Mission or Game Bay session, you can use your Discount Ticket reward for your whole Mission or Game Bay team, as long as you are participating in the Mission and/or the Game Bay session with them. Free food and drink rewards, however, can only be used by the Player who earned them. In some locations, you cannot use your free drink award for alcoholic drinks—and you can’t use your free drink award for alcoholic drinks in any location if you are under 21 years of age.
4.3. Rewards, benefits and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. The sale, barter, transfer, or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.
4.4. We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity.
4.5. We reserve the right to change Program benefits, how you reach each Program level, how you earn rewards and how we evaluate and reward your eligible Program activity. We reserve the right to place limits on the number of activities that are eligible for the Program and/or for any given level, the number or types of rewards or benefits you may receive or earn in any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.5. Program Communications
5.1. By participating in the Program, you will be automatically subscribed to receive and consent to receiving Beat the Bomb marketing emails and Program related emails.
5.2. You may opt-out of receiving Beat the Bomb marketing emails or text messages at any time by following the instructions provided in the email or text message or as otherwise provided in the Beat the Bomb Privacy Policy, but operational emails will still be sent to you as they relate to the Program, unless you opt-out of receiving these emails by following instructions in the email or by contacting us at info@beatthebomb.com. Examples of these may include, but are not limited to, a rewards confirmation email, a rewards redemption email, a profile or rewards update email, or other Program-related communications.6. Termination and Modification
6.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits. We have the sole and absolute right to ban a Player from participating in Missions and/or Game Bay sessions, as we deem appropriate. If we ban a Player from participating in future Missions and/or Game Bay sessions, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also have the right to take appropriate legal action, in our sole discretion.
7. Disclaimer of Warranties; Limitation ofLiability
7.1. NEITHER BEAT THE BOMB NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7.2. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BEAT THE BOMB NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
7.3. UNLESS PROHIBITED BY LAW, NEITHER BEAT THE BOMB NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
7.4. UNLESS PROHIBITED BY LAW, NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.8. Indemnification
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.
9. Privacy
The personal information collected from you in connection with the Program, including but not limited to your Player Profile will be used and disclosed by us in accordance with the Beat the Bomb Privacy Policy.
10. Contact Us
For information about the Program and your Program rewards, contact us at info@beatthebomb.com.
11. Disputes and Governing Law
11.1 This Program and the Program Terms shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of the Program Terms is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Program Terms shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Program Terms to the extent necessary to make such portion of these Program Terms enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Program Terms would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Program Terms. No narrowed construction, modification or invalidation of any portion of the Program shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Beat the Bomb of any term or condition of these Program Terms shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Beat the Bomb’s failure to assert any right or demand compliance with any provision of these Program Terms shall not be deemed to constitute a waiver of any such right or provision.
11.2 Except where prohibited by law, as a condition of your acceptance of these Program Terms and/or participating in the Program and/or accessing and/or using the beathebomb.com Website and the Software, you agree that (1) any and all disputes and causes of action arising out of or connected with the Program, the Website and/or the Software shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
Except as otherwise provided, agreeing to these Program Terms as regards arbitration constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website and the Software you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates, in whole or part, to: this Website, the Software, and/or the Materials. Notwithstanding anything to the contrary set forth in these Program Terms or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs or One Hundred Dollars ($100), whichever is greater.
11.3 Notwithstanding anything to the contrary set forth in these Program Terms, Beat the Bomb may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Beat the Bomb that has jurisdiction, in the event that Beat the Bomb believes that there is a violation, or a threatened violation of any of Beat the Bomb’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
