Table of Contents
The Sony Rewards Program (“Program”) is owned and operated by the Card Marketing and Services Company, a division of Sony Electronics Inc. (“Sony”), and is provided subject to the terms and conditions of this member agreement (“Member Agreement”). The Program is void where prohibited by law.
Please read this Member Agreement carefully before accessing, registering or using the Program or the Program’s Website, www.sonyrewards.com (the “Website”). This Member Agreement governs your rights and responsibilities in connection with the Program, and applies to the Website, Web pages, interactive features, applications, widgets, blogs, social networks and any other online or wireless offerings that post a link to this Member Agreement, whether accessed via computer, mobile device or other technology, manner or means.
By clicking submit on the Sony Rewards registration page you are completing the registration process, being accepted into the Program and you become an authorized user (“Member” or “you”) of the Program.
1. General Program Participation
a. Eligibility; Restrictions. Membership in, and use of, the Program is limited to persons who are (i) at least 13 years of age, and (ii) legal residents of the United States of America. Automated services, scripts or machines are not eligible to use the Program or become Members. The Program is solely for a Member’s personal, noncommercial use. An individual may only have one Program account (each an “Account”), even if that individual has multiple e-mail addresses. Additionally, only one Account per e-mail address is allowed.
i. When registering for the Program, you must provide Sony true, accurate, current and complete information (the “Registration Data”). You must also update your Registration Data as necessary to keep it accurate, current and complete. The email address you provide will be your Account name. You must also select a password when you register.
ii. By registering, you acknowledge and agree that Sony may use your Account name and password for all valid business purposes it deems appropriate, including, without limitation, to (a) access your Account and records, (b) update your Account profile information, and/or (c) assist you with redeeming Sony Reward Program points (“Points”).
c. Sony Card and PlayStation Credit Card Holders (both referred to herein as a “Card”). If a Member has a Card, it is his/her responsibility to register for the Program and ensure that his/her Card is linked to his/her Account. To register for the program, visit www.sonyrewards.com and indicate “yes” when prompted if you have a Sony Card or PlayStation Card. To link your Card to an existing Sony Rewards account, please see the Sony Card/PlayStation Card section of our FAQs at http://www.sonyrewards.com/en/how_it_works/faq/.
d. Transferability. Membership in the Program, any Points earned and any other related membership benefits are not transferable and may not be combined or merged with any other Member’s Account.
e. Unauthorized Activity and Access. Each Member is solely responsible for keeping his/her Account name (email address) and password confidential, and for all activities that occur on his/her Account, including all unauthorized activities. Sony is entitled to act on instructions received by it if a correct Account name (email address) and password is provided, and in such case Sony will not be liable for (i) any credits or debits made to the applicable Account, or (ii) any loss or damage arising from a Member’s failure to adequately safeguard his/her Account name (email address) and/or password. You agree to immediately notify Sony of any unauthorized use of your Account or any other breach of security related to the Program or the Website.
2. Sony Rewards Points
a. General. Members can earn Points by participating in various Program activities and Offers (as defined below). The number of Points awarded per activity or Offer is decided by Sony in its sole discretion. Points have no cash value, and may not be sold. Sony may grant Points to certain Members, other than as set forth herein, in its sole discretion.
b. Points Summaries. Members may view (and should review on a periodic basis) the summary of their Points accumulation, redemption and expiration on the Website. Each Member is solely responsible for ensuring that all Points that are earned are included in such Member’s Point balance and that his/her Points balance is correct. In the event that earned Points are not included in a Member’s Point balance, or Points are incorrectly deleted from a Member’s Points balance, the applicable Member has one (1) year from the day on which either the Points were earned or the Points were incorrectly deleted from the Member’s Account to notify Sony. After such period, Sony will not add such Points into the Member’s Account.
c. Earning Points - Sony and Partner Offers.
i. Sony, and its affiliates, third party merchants, partners, sponsors and clients (“Partners”) may send Members information and offers and promotions (each an “Offer”), via email, social networks, mobile communications (i.e. text messages), physical mail, or other means. Activity by a Member in response to an Offer may, in some cases, provide such Member with the ability to earn Points, provided, that in order to earn Points, you must strictly comply with the terms of the applicable Offer. Not all Members will be eligible for certain Offers and if eligible. If you receive an Offer in error, Sony reserves the right to nullify Points erroneously credited. In the event of an error in the description of an Offer’s terms, Sony shall have the right to revise the description as necessary, and will not be responsible to you for such error. Points earned in conjunction with an Offer may have expiration dates that are not the same as the Point expiration dates outlined in Section 1(h) - Expiration of Points.
ii. With respect to Partner Offers, your participation in such Offers or correspondence with the Partners, or Products and services offered by the Partners, is solely between you and the applicable Partner. Sony does not operate, control or endorse any information, goods or services of its Partners in any way. Sony assumes no liability, obligation or responsibility for, and makes no warranty with respect to: (i) any part of any Partner Offer or the timeliness of delivery of Partner goods or services; (ii) communication or correspondence between a Member and a Partner; (iii) security associated with credit card or other transactions directly initiated by a Member with a Partner; (iv) maintenance of privacy of any personal information given by Member to Partners; and (v) any loss or damage of any sort incurred as the result of any dealings with Partners, or as the result of the presence of such Partners on any Sony or Partner Website or via the Program.
iii. All Offers are void where prohibited by law.
d. Earning Points through Account Linking. As part of the Program, Members may tie their Account to an account that they have with an affiliate of Sony. Sony, in its sole discretion, may award Points to a Member for such Member’s tying of his/her Account with his/her account with an affiliate of Sony. Tying of your account may be required in order to earn Points with an applicable affiliate.
e. Earning Points on the Sony Card. A Member that holds a Sony Card may earn 1X Points on all card purchases, plus 3X – 5X Points on certain purchase categories when the Sony Card is used. New applicants, please click here for details. Existing cardmembers, please see Terms and Conditions associated with your account here.
f. Earning Points on the PlayStation®Card. A Member that holds a PlayStation Card may earn 1X Points on all card purchases, plus 3X – 5X Points on certain purchase categories when the PlayStation Card is used. For additional information on your existing cardmember benefits, please call customer service using the number on the back of your card.
g. Redeeming Points. This Member Agreement shall govern your redemption/purchase using Points (and/or cash) of any item or merchandise offered for sale or licensing through the Program (each a “Product”).
i. General. A Member may redeem his/her accrued Points as outlined herein and on the Website for anything listed on the Website or the Program’s print catalog, provided, that in order to redeem Points or otherwise take advantage of any Offer, Sony may require that you have at least 1,500 Points in your Account. (You may purchase additional Points in the event that you do not have the required number of Points to take advantage of an Offer.) Points will immediately be put on hold upon placing an order and deducted from a Member’s Account upon shipment of a redemption item. Any item claimed using Points may only be delivered to a valid mailing address located within the fifty (50) United States or the District of Columbia, provided that no deliveries will be made to an APO or P.O. Box. In the event that a stated price for a product or the number of Points needed to redeem a product is incorrect, Sony may, in its sole discretion, permit the redemption of the product based on the incorrect or the correct price, or cancel the product order.
ii. Redemption of Points by Cardholders. The redemption of Points, as outlined above, by Members with a Card account is subject to certain limitations. In order for such Member to redeem Points such Member’s Card account must be registered and linked to a Sony Rewards Account, which is open or has been closed within the past 60 days. (Points earned through credit card purchases will not be deposited in a Member’s Account if such Member’s Card account is more than 60 days past due.)
h. Expiration of Points
i. Points Expiration Time. Any Points that are not redeemed in accordance with this Membership Agreement shall be forfeited and expire at 11:59pm Eastern Standard Time (ET) on the date of expiration described below or in the applicable documentation.
ii. Points Expiration for Non-Card members. Except as indicated in h(iv) below, for Accounts that do not have an associated Card linked to the Account, all earned Points will expire on March 31st of the calendar year following the year in which the Points were earned. (For example: if a Member who does not have a Card linked to his/her Account earns 500 Points in June 2011, such Member must redeem the 500 Points by 11:59pm ET on March 31, 2012 or the Member will forfeit the Points.)
iii. Points Expiration for Cardmembers. Except as indicated in h(iv) below, once the Card is properly registered and linked to an Account, all Points will expire five (5) years from the end of the calendar month in which such Points were earned. Once the Card is closed, all Points earned prior to Card account closure will expire 60 days from the Card account close date.
iv. Other point expiration. At Sony’s own discretion, from time to time Sony may apply points to members accounts with expiration dates that do not conform to the expiration dates indicated in (h)(ii) and (h)(iii) above. Members will be informed of the expiration date for such points at the time when Sony applies the points to the applicable member’s account.
3. Sony Rewards Purchase Credit Option
a. If you purchase a new Sony product from an authorized retailer with your Card, you can use the Purchase Credit Option. The Card account must be open when Sony processes the Purchase Credit Sony may change or remove the Purchase Credit Option at any time without prior notice.
b. To use the Purchase Credit Option, a Member must submit a completed Purchase Credit Form which can be found online at www.sonyrewards.com by clicking on “My Account” with the itemized sales receipt within sixty (60) calendar days from the date of purchase. Upon receipt of a completed Purchase Credit Form and itemized receipt, Sony will: (i) calculate the number of Points, at a rate of 115 Points per $1 of retail price (excluding tax); (ii) deduct the number of Points required to purchase the applicable Sony product from the Card Member’s Account balance; and (iii) credit the dollar amount of the purchase, or any portion thereof, to the Member’s Card account. The Member is not required to have the total number of Points required to cover the entire purchase. Sony will deduct as many Points as available for use towards any partial redemption up to the amount charged on the Card to purchase the applicable Sony product. The minimum credit that will be applied to a Member’s Card account is $10, which requires a minimum Points balance of 1,150 Points.
4. Product Information
a. Product Offerings. Sony, in its sole discretion, may update, revise or discontinue the Products offered through the Program at any time, and/or may limit the quantity of certain Products that a Member may redeem in one order or within a certain time period. Quantities of Products are subject to availability. In the event of a shortage, Sony may allocate sales and deliveries of Product(s) in its sole discretion. If an electronics Product becomes unavailable, Sony may substitute the Product with one of equal or greater value without advance notice. Sony is not responsible for pricing, photographic, typographic or system errors.
b. Warranty. Sony makes no warranties for Products obtained through the Program. Any warranty will be those stated in the limited warranty cards included with the Product(s).
c. Shipment Contract. Any items redeemed/purchased from or through the Program are made pursuant to a shipment contract. This means that the risk of loss and title for such item(s) passes to the Member upon Sony's delivery to the carrier. In the event of Product loss during transit, it is the Member’s responsibility to file a claim with the carrier. If a Product arrives to the Member damaged, it is the Member’s responsibility to contact Sony within fourteen (14) days of the date the Product was shipped. The damaged Product will be picked up and new Product will be reshipped at Sony’s expense. Only if the exact model is not available will Sony reimburse the customer for a damaged Product.
d. Digital Codes, Gift Cards and Movie Tickets. Coupon discounts and other catalog promotions do not apply to the redemption/purchase of digital codes, gift cards and movie tickets. Sony is not responsible for digital codes, gift cards or tickets that are lost, stolen or not received unless such digital codes, gift cards or tickets are not shipped to the address entered by the Member during the redemption/purchase process. Digital Codes, gift cards and movie tickets may not be cancelled, returned, exchanged or replaced.
5. Product Returns and Exchanges
i. Sony Products Purchased/Redeemed using Points. Please note that all sales are final. Once an order has been placed, Sony cannot cancel it. If you receive a defective item, you must contact us within 14 calendar days of receipt of the item. The defective items will be exchanged only; no credits will be issued. CDs, DVDs, gift cards, digital codes and/or software (games) cannot be returned or exchanged under any circumstances. To report a defective item within 14 calendar days of receipt, a Member must first contact Sony Rewards at 1-888-715-SONY (7669), between the hours of 10:00 am to 10:00pm ET, M-F and Saturday 10:00am to 8:00pm ET. If a Product is returned without adherence to this policy or Sony agrees, in its sole discretion, to accept a return, Sony reserves the right to (i) refuse to accept a returned Product or to restore Points and/or cash, and/or (ii) charge a restocking fee. After an authorized return has been received by Sony, Sony will immediately reship a replacement.
ii. Products Redeemed/Purchased from Partners. The return of any Products redeemed/purchased from a Partner shall be controlled by the applicable Partner’s return policy.
6. Intellectual Property Rights and Proprietary Rights to Content.
a. Title, ownership rights and all other intellectual property and proprietary rights in the Program and the Website, and to the information and content contained herein, including all trademarks, logos and services marks (“Marks”) displayed on the Website, shall remain in Sony and certain other third parties. All information and content, including software programs available on or through the Website (e.g. text, sound, photographs or other material contained on the Website) or contained in the Program materials (e.g. contained in Offers or electronic mail communications) is protected by copyright and other laws (collectively, “Content”). Members may not, and shall not allow any third party to, use any Marks or copy, modify, reproduce, republish, post, transmit, sell, license, create derivative works from, reverse engineer, reverse assemble, distribute or use any Content in any way without Sony’s prior written permission, and in such case, only in accordance with such written permission. Each Member agrees not to access the Program by any means other than through the interface that is provided by Sony for such use.
b. Any content (e.g., postings to social media websites or submission of contest entries), creative suggestions, ideas, notes, drawings or other information submitted to Sony (collectively, “Submissions”), shall become the property of Sony and shall be controlled by the ownership rights set forth in this Member Agreement.
7. Termination of the Card Issuing Bank. In the event that the Card Program is terminated with the then existing credit card bank issuer and such issuing bank is no longer affiliated with the Program, Card Accounts will have a grace period during which they will continue to have the privileges outlined herein for Card accounts. Such grace period will be determined and announced prior to such termination. After such grace period, Card Accounts associated with the terminated credit card bank issuer will have the benefits outlined herein for Accounts not linked to a Card.
8. Member Conduct
a. You agree not to use the Program or the Website to: (i) stalk, harass or harm another individual; (ii) impersonate any person, or otherwise misrepresent your identity; (iii) interfere with or disrupt the systems, servers or networks associated with or connected to the Program and the Website or disobey any requirements, procedures, policies or regulations of such networks; (iv) violate the terms and conditions and operating rules of the Program; (v) interfere with another Member’s use of the Program; (vi) attempt to gain unauthorized access to the Program, or to other Accounts; (vii) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (viii) use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; or (ix) resell or otherwise generate income by providing access to the Program or the Website to others.
b. You agree not to use any language in connection with the Program, on the Website or during calls to customer service that is offensive or obscene, as Sony deems in its sole judgment.
c. You agree that you will not forward or distribute, reproduce in any manner whatsoever or post on any internet site, Offers that you receive from Sony or any Partner.
9. Termination; Suspension
a. Termination. This Member Agreement, and your Account may be (i) terminated by you with or without cause at any time, or (ii) terminated or suspended by Sony at any time, in its sole discretion, without prior notice, for any reason, including, without limitation, violation of this Member Agreement, or actions which are inconsistently with the letter or spirit of this Member Agreement
b. Effect of Termination. Upon termination of a Member’s Account, (i) the Member’s right to use the Program ceases immediately, and Sony may immediately deactivate or delete your Account and all related information and files, and/or bar any further access to such files or the Program, and (ii) if the Member does not have a Card registered with Sony he/she shall forfeit any unredeemed Points. Each Member agrees that Sony shall not be liable to the Member for any termination of a Member’s Account or Member's access to the Program.
c. Survival. The provisions of Sections 4 through 13 shall survive any termination of this Member Agreement.
10. Modifications to Terms & Conditions and Recourse
b. If a Member objects to this Member Agreement or any changes hereto or at any time becomes dissatisfied with the Program, Member's sole recourse shall be to cease using the Program. Member's continuing use of the Program after notification of any change(s) constitutes conclusive evidence of Member's acknowledgement of the modification to this Member Agreement and Member's agreement to be bound by such change(s).
11. Hyperlinking. The Website may provide a link to other websites or internet locations. This is for the Members’ convenience only. The fact that Sony has provided a link to a website does not signify an endorsement, sponsorship, or affiliation of with respect to such website, its owners or its providers. There are inherent risks in using, or retrieving any information found on the internet, and Sony urges you to make sure you understand these risks before going to a linked website. Sony shall not be held responsible for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites.
12. No Warranties.
a. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE PROGRAM IS AT YOUR SOLE RISK. THE WEBSITE (AND ANY PORTION THEREOF), THE PROGRAM AND ANY SERVICES OFFERED IN CONNECTION WITH THE PROGRAM ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" TO THE FULLEST EXTENT PERMITTED BY LAW. SONY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, SECURITY AND NON-INFRINGEMENT). To the extent that Sony may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law. Neither Sony nor any of its affiliates or service providers make any warranties, guaranties or representations about the accuracy or completeness of the content on the Website or available through the Program or the content of any websites, social media or other Internet or mobile resources linked to the Website and Sony is under no obligation to update any content on the Website. Furthermore, Sony assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from a Member’s access to or use of the Website (or any parts thereof); (iii) any unauthorized access to or use of Sony’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any Website content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Website and/or otherwise through your or any other website users' exercise of any rights under any of the Licenses granted by SONY herein.
b. Sony shall not be liable or responsible for any guarantee, warranty and/or representation offered by Partners or third-party manufacturers of Products. In the event that a third-party manufacturer or supplier offers its own warranties, you agree to look solely to such manufacturer or supplier for any warranty related claims.
13. Limitation of Liability
a. YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SONY, ANY OF ITS AFFILIATES OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PROGRAM AND THE WEBSITE, OR ANY OF THEIR OFFICERS, DIRECTORS, STOCKHOLDERS, SUBSIDIARIES, EMPLOYEES, AGENTS, VENDORS, LICENSORS OR OTHER THIRD-PARTY PROVIDERS BE HELD LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHEHTER IN CONTRACT, TORT, STRICT LIABILITY, STATUTORY OR OTHERWISE) FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY AND EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH ANY ASPECT OF THE PROGRAM, THE WEBSITE, THE USE THEREOF (INCLUDING THE INABILITY TO USE OR THE DELAY THEREOF) OR THE LINKING TO ANY OTHER WEBSITE.
b. This limitation on liability includes, but is not limited to, and Sony and its affiliates are not responsible for, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, lost, interrupted or unavailable network server or other connections, telephone or other interconnect problems, miscommunications, unauthorized access, theft, operator errors, strike or other labor problems, incorrect or inaccurate bidding information, or any force majeure howsoever caused or other error of any kind whether human, mechanical or electronic. Sony cannot and does not guarantee continuous, uninterrupted or secure access to the Website.
c. You acknowledge and agree that Sony neither endorses the contents of any electronic mail, Internet communications, physical mail or other communications in any media, to the extent that Sony has not been the author of such communications or mail, nor shall Sony be held responsible or liable for: (i) the accuracy of material contained in electronic mail, Internet, or other communications sent by third parties; (ii) any infringement of third-party intellectual property rights arising from the electronic mail, Internet, or other communications; or (iii) any fraud or other crime facilitated by the electronic mail, Internet or other communications of a third party.
14. Indemnification. Member agrees to release, indemnify and hold harmless Sony and its parent, subsidiaries, affiliates and their respective officers, directors, employees, agents, vendors, licensors, suppliers, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorney's fees), damages and expenses that such parties may incur as a result of, due to, or arising out of: (i) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in this Member Agreement; (ii) your violation of any person's intellectual property, privacy, publicity or other right; (iii) your participation in and use of any program offered by Sony or through the Website or use and/or receipt of any benefit, award or product through the Program or the Website; (iv) the violation of any applicable laws and/or this Member Agreement by you and/or anyone using your Account to access and/or otherwise use the Program or the Website (in whole or in part); or (v) your willful misconduct or the willful misconduct of anyone accessing the Program or the Website through your Account, in connection with your (and/or such other person's) use of the Program or the Website (in whole or in part). Sony’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Sony reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sony in asserting any available defenses. This Section 12 shall remain in full force and effect notwithstanding any termination of your use of the Program or the Website or the Program.
a. Controlling Law; Lawsuits. This Member Agreement shall be governed by and construed according to the laws of the State of New York as applied to agreements made, entered into and performed entirely in New York. Any disputes or legal proceedings arising out of or related to Program or the Website shall be handled individually without any class action. You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Program, the Website or this Member Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
b. Court Orders and Subpoenas. Sony will comply with all court orders and subpoenas and cooperate with investigations by local, state and federal agencies. Under these circumstances, your Account information may be shared with others with or without such your knowledge or consent.
c. Complete Agreement. This Member Agreement constitutes the complete, final and exclusive understanding between Sony and Member relating to the subject matter hereof and governs Member's use of the Program and the Website, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Member Agreement.
d. Third-Party Terms. Member may be subject to additional terms and conditions that may apply when Member obtains or uses third-party content, third-party software or goods and services provided by or through Partners or other third parties.
e. Invalidity. If any provision of this Member Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.
f. Waiver. Sony's failure to insist upon strict performance of any provisions of this Member Agreement or to exercise or enforce any right or provision of this Member Agreement shall not constitute a waiver of its right or remedies or the provision.
g. Assignment. Sony may assign its rights and delegate its duties under this Member Agreement to any party at any time without notice to Member.
h. Headings. All headings in this Member Agreement are for convenience only and have no legal effect.
i. Notice. Except as provided above with respect to modifications of this Member Agreement, Sony may deliver notices to Member by prepaid United States first class mail at the address in Sony's database, or via electronic mail at the electronic mail address in Sony's database; any such notice shall be deemed effectively given upon delivery. Member may give notice to Sony by prepaid certified mail, return receipt requested at the following address: Sony Rewards Program, 550 Madison Avenue, New York, New York 10022, Attn: Legal Department, and any such notice shall be effective upon receipt.
16. Use and Storage. Member acknowledges that Sony may establish general practices and limits concerning use of the Program, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Program, the maximum disk space that will be allotted on Sony's servers on Member's behalf, and the maximum number of times (and the maximum duration for which) Member may access the Program in a given period of time. Member acknowledges that Sony reserves the right to terminate Accounts that are inactive for an extended period of time, as determined by Sony in its sole discretion. Member further acknowledges that Sony reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member agrees that Sony has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the Program.
ShowStoppers Terms and Conditions
YOUR PARTICIPATION IN THE SHOWSTOPPERS PROGRAM (“SHOWSTOPPERS”) CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SHOWSTOPPERS AS SET FORTH IN HEREIN. ShowStoppers, which is brought to you by the Sony Card Marketing and Services Company, a division of Sony Electronics Inc. (“Sony”), is a program in which Sony Rewards members can bid and redeem their Sony Rewards points (“Points”) for exciting adventures, experiences, goods and special offers (each referred to herein as a “Award”) through auctions (each an “Auction”) that will take place on the ShowStoppers portion of the Sony Rewards website (the “ShowStoppers Website”).
ShowStoppers is part of the Sony Rewards loyalty program, and participation in ShowStoppers is exclusively for Sony Rewards members who have a valid Sony Rewards account (“Account”) and the capacity to enter into legally binding agreements. To enroll in Sony Rewards, to obtain a user name and password, or for complete details about the Sony Rewards loyalty program, please go to www.SonyRewards.com/join.
1. Access to and Acceptance and Use of the ShowStoppers Website
1.1. Acceptance of Terms and Conditions. By accessing the ShowStoppers Website, making transactions through it, and specifically by clicking “PLACE BID”, you expressly indicate your acknowledgment and acceptance of the ShowStoppers Rules. The information and Award descriptions published on the ShowStoppers Website may include inaccuracies or typographical errors, and Sony and its affiliates specifically disclaim any liability for such inaccuracies and errors. Sony, in its sole discretion, may amend, modify, correct, remove, change or supplement these ShowStoppers Rules and any other terms and conditions applicable to ShowStoppers, the ShowStoppers Website, any Award and/or any Auction, including, without limitation, to correct any typographical errors, and/or to change or amend an Award description or the opening bid price for an Award, and your continued participation will constitute your acceptance of any such amendment, modification or supplementation.
1.2. Acceptance of Electronic Communication. By participating in ShowStoppers, you hereby consent to receive electronic communications regarding Showstoppers, including the Auction process and different Awards from Sony and third-parties involved in ShowStoppers whether addressed to the email address associated with your Account or any other email address that you provide to Sony in connection with Showstoppers. You acknowledge and agree that any communication via email or postings on the ShowStoppers Website satisfies any legal requirements that such communications be made in writing.
1.3. Use of the ShowStoppers Website. You may only use the ShowStoppers Website to make non-commercial, legitimate Award purchases. You shall not use ShowStoppers or the ShowStoppers Website for any other purposes. You may not resell or barter any Award purchased through ShowStoppers. You also may not use any robot, spider, scraper or other automated means to access the ShowStoppers Website, including to bid on any Auction. Sony reserves the right to disqualify any ShowStoppers participant who tampers with or abuses any aspect of ShowStoppers, or who fails to comply with these ShowStoppers Rules. In addition, Sony reserves the right to seek all remedies available at law and in equity for any misuse of ShowStoppers, the ShowStoppers Website or any Awards and/or for any violations of these ShowStoppers Rules, including the right to block access from a particular internet address, to exclude any individual from accessing the ShowStoppers Website and/or to terminate an individual’s membership in the Sony Rewards loyalty program.
1.4 Use of your Information. You authorize Sony and its affiliates to consider any person using your Account and correct password a legitimate user, and you agree to accept responsibility for all Award purchases and other activities that occur under your Account. You are responsible for restricting access to your Account and password to prevent unauthorized access to the ShowStoppers Website, and to ensure that your Account information is not used illegally or in a manner in which you would not agree.
2.1 Award Descriptions. Through ShowStoppers, Sony allows you to bid for and purchase, in an auction-style format, Awards using Points. For each Award, the ShowStoppers Website will contain a complete description of the Award and any specific requirements for the Award’s Auction, including, without limitation, any minimum bid requirements, eligibility criteria, the date and time at which the Auction for the applicable Award will start and end, bid increments for the applicable Auction, which may depend on Award value, redemption restrictions (e.g. blackout dates), fees and taxes, shipping and handling costs, and all other applicable terms for the Award and the applicable Auction, all of which will be established by Sony. For certain Awards which are experiences, the Award winner must agree that Sony may take pictures and/or videos of the winner participating in the applicable Award experience, and may use, reproduce, copy, publish, distribute, modify and otherwise exploit such pictures and/or videos in any manner and in any media now known or hereafter devised, that it sees fit, without compensation to you. In addition, costs and expenses not specifically mentioned as being included as part of an Award are the sole responsibility of the Auction winner(s). Such costs and expenses may include, but are not limited to, travel insurance, room service, meals, unspecified ground transportation, gratuities, personal items and government fees. All Awards made available through ShowStoppers are being auctioned and sold "AS IS" without warranties of any kind, unless expressly stated in the Award description. All Awards, including the availability thereof, are subject to change, and if any Award becomes unavailable for any reason after an Auction’s end, Sony reserves the right, in its sole discretion, to substitute a substantially similar item or refund Points and if applicable, amounts paid for Points by the winning bidder(s). Such refund shall be your sole remedy in the event of Award unavailability. Awards will only be awarded and delivered to the winner(s) after the applicable bid amount has been paid and settled in accordance with Section 2.3.
2.2 Awards Provided by Unaffiliated Entities. Certain Awards may include goods, services and/or experiences that have been provided to Sony from unaffiliated third-parties. If an Award includes such goods, services or experiences, such information will be disclosed in the Award description. Inclusion of such items in ShowStoppers does not imply any endorsement, sponsorship or affiliation between Sony and such third-party, and Sony, its subsidiaries and affiliates are not responsible for any goods, services and/or experiences of such third-parties. In addition, in certain instances Sony only provides the access and the technical platform for you to redeem an Award directly from a third-party. You acknowledge that in such circumstances separate terms and conditions of the relevant third-party may apply to the Award redemptions. You agree to abide by such terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects and claims for damages. Neither Sony nor its affiliates become party to the transaction between you and the third-party.
2.3 Award Payment and Redemption. For each Award, you may purchase the Award for the amount of Points indicated on the ShowStoppers Website at the Auction’s close. In the event that you do not have enough Points in your Account at the time you bid on the Award, you may provide Sony with a valid credit card on which you may purchase the additional Points needed in the event that you are an Award winner, provided, however, that you must have at least the minimum number of Points indicated in the Award description in your Account at the time when you bid on an Award, provided, further, that for certain Auctions, you will not be permitted to purchase Points. In addition, all Points in your Account must be used to bid on the Auctions that you are bidding on prior to purchasing Points using a credit card. Points are purchased during the check-out process. In the event that you provide a credit card on which Points may be purchased, a hold will be placed on that credit card for the amount needed to purchase the required Points. (Points are purchased at $.01 per Point.) Such hold will continue until you are either outbid for the applicable Auction or you win the Auction, in which case your credit card will be charged for the purchase of the Points. In the event that you are the highest bidder for an Auction, or one of the highest bidders in the case of a Multi-Award Auction, the Points required for such Award will be deducted from your Account immediately upon completion of the Auction, and if applicable, as indicated above, your credit card will be immediately charged for the number of Points necessary to purchase, when combined with your existing Points, the Award. In the event that Sony cannot put a hold on your credit card, you will not be able to bid with Points to be purchased. You cannot bid with Points that are accrued, but are not yet credited to your Account at the time you bid on an Award. In the event that Points have not been properly debited from your Account upon completion of an Auction, Points can be debited by Sony at any time.
2.4 Shipping and Handling of Awards. Awards, and related Award documentation, including any special fulfillment instructions, will be sent, in Sony’s sole discretion, by email to the email address on your Account or an email address that you provide when you enter a bid, to the physical address associated with your Account or to such other address as explicitly provided for a specific Auction or Award. Delivery dates cannot be guaranteed and Sony and its affiliates assume no liability for failed deliveries caused by incorrect addresses, absence of the recipient, force majeure or other reasons not under the control of Sony. Award, and related Award documentation, can only be shipped to addresses in the United States, but cannot be delivered to P.O. or A.P.O. boxes. If you want to ship to an address other than the address associated with your Account, please update the shipping information during the online bid process. Addresses cannot be changed after an Award has been confirmed.
2.5 Refunds and Returns. All purchases made through ShowStoppers are final and except as indicated in these Rules, Points are not refundable once redeemed. Awards may not be returned or exchanged except in Sony’s sole discretion. In the event that an Award is damaged or defective upon initial delivery, Sony, in its sole discretion, reserves the right to replace the Award with a similar Award of equal or greater value or re-deposit the Points you used to bid on the Award into your Account, and if applicable, refund your credit card for Points purchased. In the event that Sony decides not to replace the Award with a similar Award, your sole remedy is a refund of Points used and if applicable, amounts paid for Points.
3.1 Minimum/Maximum Bids. Each Auction will have a minimum opening bid, which will be the least number of Points that you can bid on an Award, and minimum increments in which the bidding must increase. Auctions may also have a “Buy Now” bid price, the price at which you may immediately purchase the Award, or, if it is an Auction with multiple Awards, the number of Awards associated with the applicable Auction.
3.2 Eligibility. Certain auctions and at times the “Buy Now” feature may be available only to Sony Rewards Members who hold a current outstanding Sony Card or PlayStation® Card (both referred to herein as “Card”). In such event, the rules for the applicable Auction will indicate this restriction.
3.3 Bidding. For each Award that you wish to bid on, you must go to the Award’s Auction page, and enter, where indicated, the maximum number of Points that you wish to bid, which is the highest price in Points you are willing to pay for the Award, whether through already accumulated Points or if permitted, accumulated Points and purchased Points as indicated in Section 2.3 of these Rules. You must then agree to abide by these Rules and click the “Place Bid” button. Once you confirm your bid it will be placed, and once placed, a bid cannot be cancelled or retracted, provided, however, that a bid is not considered "placed" until you see the Bid Confirmation page for the applicable Auction. If for any reason the bidding process is interrupted or the Bid Confirmation page is not displayed, you must resubmit your bid. You can check if your bid has been placed by going to the “Auction Details” page of the applicable Auction. If a bid is “placed” after an Auction’s bidding period has elapsed, such bid is not eligible. Decisions as to what constitutes a qualifying bid and when a bid is placed shall be determined by Sony, in its sole discretion. Once placed, ShowStoppers will store your maximum bid amount and will automatically place an initial bid on your behalf, to the extent that your bid is more than the then current winning bid. A bid will then be placed on your behalf only when it is needed to maintain your position as an Auction’s winning bidder, and is placed only up to your maximum bid amount. If you are the highest bidder but another Auction participant bids higher than your maximum bid, that bid will become the highest bidder and you will not win the Auction. You will be notified by email if have been outbid. (In the event that you are out-bid, you may increase your bid by placing a new higher bid.)
3.4 Multi-Award Auctions. A Multi-Award Auction is when more than one (1) of the same Award is listed for an Auction. In a Multi-Award Auction bidders may not bid on more than one (1) Award in the Auction. The winners of a Multi-Award Auction are those bidders with the highest bid amounts at the time of Auction close, up to the available quantity of Awards for the Auction. Each winner of a Multi-Award Auction will pay the amount that caused such person to be one of the highest bidders in such Multi-Award Auction, and thus, there is a possibility that not all winners of a Multi-Award Auction will pay the same amount for the Award.
3.5 Bidding on Multiple Auctions. You may not bid on multiple auctions unless you have a sufficient number of Points in your Account. Specifically, you must have enough Points in your Account to fulfill your entire bid on one Auction prior to bidding on a second Auction, and so on. Once you use Points to bid on an Auction, a hold will be placed on such Points until you are outbid on the applicable Auction.
3.6 Winning Bid(s). The winner(s) of each Auction will be determined by Sony, or its designee, in its sole discretion based upon the highest bid (or highest bids in the case of a Multi-Award Auction) received prior to the final closing time of the applicable Auction. Should your bid be determined to be a winning bid, this will constitute a legally binding contract between you and Sony. For each Auction, the first name and last initial of the potential winner(s) of the Auction will be indicated on the ShowStoppers Website. If you are a potential winner, you will receive notification of your potential winning bid via telephone, email or mail, as determined by Sony in its sole discretion. Such notification will contain Award details and any special fulfillment information. If you are a potential winner, immediately upon completion of the Auction the number of Points equal to the winning bid, and not your entire maximum bid if it is greater than the winning bid amount, will be deducted automatically from your Account. As indicated in Section 2.3, in the event that you do not have the necessary number of Points, your credit card will immediately be charged. Each Auction winner explicitly agrees that the number of Points invested in the respective Auction and such winner’s first name and the first initial of such winner’s last name can be displayed on the ShowStopper Website following the Auction. The winning bidder must comply with all terms and conditions of these ShowStoppers Rules and applicable to the relevant Award.
3.7 Ineligible Winner. A potential winner will only become an actual winner once Sony has verified such potential winner’s compliance with these ShowStoppers Rules. In the event that (i) Sony determines, in its sole discretion, that a potential winner was not eligible to participate in an Auction, (ii) a potential winner is expelled from participating in an Auction, or (iii) for any other reason a potential winner is disqualified from an Auction, Sony may make the decision to give the next highest bidder(s) the opportunity to be the winner of the Award, re-run the Auction or cancel the Award. In such event, the potential winner’s Points (and if applicable, amounts paid for Points) will be refunded.
Employees of Sony Electronics Inc. (“Sony”), its advertising or promotion agencies, those involved in the production, design, printing, development, implementation or handling of the Showstoppers, any agents acting for, or on behalf of the above entities, their respective parent, subsidiary, affiliated and related companies, officers, directors, licensees, service providers, any other person or entity associated with the applicable Showstopper (collectively “Showstopper Entities”), members of their immediate families (spouses, domestic partners, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in the Showstoppers.
4. Winner’s Circle. The ShowStoppers Website contains a section in which Sony and/or any Auction winner may upload content and/or pictures that relate to the Auction winners experience with ShowStoppers and specifically, with the Award. Anything uploaded to and/or included in the Winner’s Circle becomes the property of Sony. By uploading content onto the Winner’s Circle, you grant Sony an exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable license and right to (i) use, reproduce, copy, publish, distribute, adapt, modify and otherwise exploit what you upload to the Winner’s Circle, and (ii) incorporate what you upload in other works in any manner and in any media now known or hereafter devised, throughout the universe in perpetuity, which media may include, without limitation, any website of Sony or a Sony affiliate, any Facebook page of Sony or an affiliate of Sony or YouTube. In addition, you warrant that you have the sole and exclusive right to grant such rights to Sony, and that Sony’s reproduction, publishing and/or other use of what you upload to the Winner’s Circle will not infringe on any rights of third parties, including, but not limited to, copyright, privacy, or publicity rights, anywhere in the world. Images uploaded to the Winner’s Circle must not (i) include materials (language, phrases, quotations, logo's, etc.) belonging to or copyrighted by third parties, or (ii) contain or depict any objectionable, unlawful, defamatory, obscene, sexually-explicit, threatening, abusive, harassing, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sony, in its sole discretion. In addition, images uploaded to the Winner’s Circle should not contain the phone number(s), address, email address or other personally identifiable information of any person. You understand that you will not receive any compensation in connection with Sony’s use of anything that you upload to the Winner’s Circle.
6. Limitation of Liability. In addition to the Limitation of Liability set forth above, if the performance of any service or obligation of Sony or any third-party making an Award available through ShowStoppers, including with respect to any live experience, is prevented, delayed, restricted or interfered with by events or causes beyond their control, Sony or the applicable third-party shall be excused from the performance to the extent of the prevention, delay, restriction, or interference. You agree that if any of these prevent you from participating in a live experience, Sony or the applicable third-party is not obligated to provide or recreate such live experience and Sony reserves the right, in its discretion, to substitute a substantially similar experience or refund the Points bid by the winning bidder. In the event that Sony decides not to substitute a substantially similar experience, your sole remedy is a refund of Points used and if applicable, amounts paid for Points.
7. Customer Service. For questions related to ShowStoppers, the ShowStoppers Website, the auctions, any Award, or for questions regarding special instructions or restrictions, please contact the Sony Rewards Customer Service representative. Customer Service can be reached at (888) 715-7669 or www.sonyrewards.com/en/contact.
Any Points that are not redeemed in accordance with this Membership Agreement shall be forfeited and expire at 11:59pm Eastern Standard Time (ET) on the date of expiration described below or in the applicable documentation.