Showstoppers Terms and Conditions
YOUR PARTICIPATION IN THE SHOWSTOPPERS PROGRAM CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN HEREIN.
The ShowStoppers program (“ShowStoppers”), brought to you by the Sony Card Marketing and Services Company, a division of Sony Electronics (“Sony”), is a program through which Sony Rewards members can bid and redeem their accumulated Sony Rewards points (“Points”) for exciting adventures, 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” and similar buttons, you expressly indicate your acknowledgment and acceptance of the Rules contained herein. Sony, its affiliates and Sony’s service providers, do not warrant or represent that the content on the ShowStoppers Website or any website linked to the ShowStoppers Website is complete or up-to-date, and are under no obligation to update any content on the ShowStopper Website. The information, Award descriptions and other services 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, at its sole discretion, may amend, modify, correct, remove, change or supplement these Rules and any other terms and conditions applicable to ShowStoppers, the ShowStoppers Website, any Award and/or any Auction, including, without limitation, to improve the ShowStopper Website, 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, the Auction process and different Awards from Sony and third-parties involved in the Auction process or in the fulfillment of an Award 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 for any purpose, including to bid on any Auction. Sony reserves the right to disqualify any participant in ShowStoppers who tampers with or abuses any aspect of ShowStoppers or the ShowStoppers Website, or who fails to comply with any of these 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 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. By accessing and/or using the ShowStoppers Website, you authorize Sony and its affiliates to consider any person using your Account and 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 computer to prevent unauthorized access to the ShowStoppers Website, and for ensuring that your Account information is not used illegally. You should take all necessary steps to ensure that your password is kept confidential and secure.
1.5 Disputes, Law and Indemnification. Any disputes or legal proceedings arising out of or related to ShowStoppers, the ShowStoppers Website, any Auction or any Award shall be handled individually without any class action, and shall be governed by and construed in accordance with the laws of the State of New York. You agree to release, indemnify and hold Sony and its subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claim, cause of action or demand, including reasonable attorney's fees, made due to or arising out of your breach of these Rules, your violation of any law or the rights of a third party, your participation in and use of ShowStoppers and the ShowStoppers Website or your use and/or receipt of any Award. 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.
2.1 Award Descriptions. Through ShowStoppers, Sony allows you to bid for and purchase, in an auction-style format, Awards offered on the ShowStoppers Website using Points. Each Award consists of an exciting experience, goods and/or services. 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, any 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), government imposed and other 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). Costs and expenses not included in the Awards 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 auctioned through ShowStoppers, including the availability thereof, are subject to change, and if any Award becomes unavailable for any reason after the end of an Auction, 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. In the event that an Award includes goods, services or experiences of unaffiliated third-parties, 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, affiliates and agents 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 agree and acknowledge that in such circumstances separate terms and conditions of the relevant third-party may apply to any Award redemptions via the ShowStoppers Website. You agree to abide by such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects and claim 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 close of the applicable Auction. 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 is 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 deducted from your Account immediately upon completion of the applicable 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. Points that are accrued, but are not yet credited to your Account at the time you bid on an Award are not available for use when bidding on such 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 reasonable control of Sony. Awards, and related Award documentation, will not be delivered to P.O. or A.P.O. boxes. Awards can be shipped only to addresses in the United States. 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 Cardsm or PlayStation® Card (both referred to herein as “Card”). In the event that an auction or the “Buy Now” feature is available only to such Sony Rewards members, the rules for the applicable Auction will indicate this restriction. If there is no restriction contained in the rules for an Auction, such Auction is open to all Sony Rewards members who have a valid Account.
3.3 Bidding. For each Award that you wish to bid on, you must go to the Award’s applicable 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 for the applicable Auction, accumulated Points and Points to be purchased by credit card 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. In the event that your bidding process is interrupted or if for any other reason 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. In the event your bid is “placed” after the bidding period has elapsed for a specific Auction, such bid is not eligible. Decisions as to what constitutes a qualifying bid and when a bid is placed shall be determined by Sony. 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 the winning bidder of the applicable Auction, 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. Multiple quantities of the same Award may be listed for one Auction, which is referred to herein as a Multi-Award 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. In the event that you are the winner of such Auction, the Points will be deducted from your Account.
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 such maximum bid 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 Rules and of 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 complete with these Rules. In the event that (i) Sony determines 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, as determined by Sony in its sole discretion, 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.
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 use, reproduce, copy, publish, distribute, adapt, modify and otherwise exploit what you upload onto the Winner’s Circle, and to 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 an affiliate of Sony, 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 include materials (language, phrases, quotations, logo's, etc.) belonging to or copyrighted by third parties, must not 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. You agree that Sony, its affiliates, and anyone else involved in creating, producing or delivering ShowStoppers and all Awards, and any of their respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, punitive, special, consequential, incidental, exemplary or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with ShowStoppers, the use of the ShowStoppers Website, the delay or inability to use the ShowStoppers Website or participate in ShowStoppers, or any Auction or Award, even if Sony is made aware of the possibility of such damages. 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 ShowStoppers Website. 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. Copyrights and Trade Marks. All information and content contained on the ShowStoppers Website ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the ShowStoppers Website for commercial or public purposes.
8. 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 (808) 715-7669 or www.sonyrewards.com/en/contact.