Updated on June 20, 2023
The Stadium Points Program (the “Points Program“) sponsored by Kitchen Stadium Inc. (“Stadium“, “we“, “us”, or “our“) is designed to help Users (each, a “User“, “you“, or “your“) get the most out of their experience using Stadium products. We reward you for the things you already do, such as sending out treats with our affiliated brands SnackMagic, SwagMagic, Department of Superior Dishes, Tap and Cork, and TeamBuilds (the “Participating Brands“).
Please read these Program Terms carefully. By accessing or participating in the Points Program, you agree to be bound by these Program Terms and all other terms incorporated herein by reference, as they may be amended from time to time. Stadium reserves the right to change or modify these Program Terms or any policy, FAQ, or guideline pertaining to the Points Program, in whole or in part, at any time and in its sole discretion. Any changes or modifications to these Program Terms will be posted on our website located at <www.bystadium.com/points-terms-of-use>, and your continued access to or participation in the Points Program means that you have accepted these changes or modifications. If you do not agree to these Program Terms, do not access or participate in the Points Program.
IMPORTANT: PLEASE REVIEW THE “GOVERNING LAW & DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, THESE PROGRAM TERMS, OR YOUR ACCESS TO OR PARTICIPATION IN THE POINTS PROGRAM, THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST US. BY ACCESSING OR PARTICIPATING IN THE POINTS PROGRAM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THESE PROGRAM TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
The Points Program will continue until terminated, suspended, modified, or converted to another program by Stadium. Stadium may, in its sole and absolute discretion, without liability to any User, cancel, change, suspend, or modify any aspect of the Points Program and/or any Reward at any time, including the availability of any Reward. Stadium may, in its sole and absolute discretion, terminate or suspend any User’s participation in the Points Program for breach of these Program Terms, or for taking any actions that are inconsistent with the intent of these Program Terms. Stadium reserves the right, in its sole discretion, to prohibit any User from participating in any aspect of the Points Program if Stadium deems or suspects that such User has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Program Terms; (b) damaging, tampering with, or corrupting the operation of the Points Program or any of Stadium’s services; (c) acting with intent to annoy, harass, or abuse any other person; (d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (e) activity deemed in the sole discretion of Stadium to be generally inconsistent with the intended operation of the Points Program. Any decision Stadium makes relating to termination or suspension of any User’s participation in the Points Program shall be final and binding in all respects. Stadium shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms or the intent of these Program Terms.
THE POINTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
Except to the extent arising from willful misconduct or gross negligence on the part of Stadium, by participating in the Points Program, each User hereby releases Stadium, its parent company, subsidiaries, affiliates, suppliers, and advertising and promotions agencies, and their respective directors, officers, employees, representatives, and agents (collectively, the “Stadium Related Parties”), from any and all liability for any loss, harm, damage, cost, or expense, including, without limitation, property damage, personal injury and/or death, arising out of or in any way relating to these Program Terms, the Points Program, or the use of any Points.
Each User hereby agrees to indemnify, defend, and hold Stadium and the Stadium Related Parties harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from or relating to any breach by such User of these Program Terms or any violation by such User of applicable law.
You agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to, these Program Terms, or your access to or participation in the Points Program, including any claims that may arise after the termination of these Program Terms. This agreement to arbitrate includes any claims against Stadium’s officers, directors, employees, agents, or affiliates. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
All disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability, or validity of these Program Terms) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures (the “Rules”). The Rules are available online at www.jamsadr.com. The arbitrator is bound by the provision of these Program Terms. The arbitration shall be conducted in English and the seat and venue of the arbitration shall be New York, NY.
CLASS ACTION WAIVER: YOU AND STADIUM ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Stadium can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and Stadium further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
These Program Terms shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflicts of laws provisions.