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HAMILTON STARS REWARDS & LOYALTY PROGRAM

TERMS & CONDITIONS

 

Welcome to the Hamilton Uptown Limited Liability Company (“we,” “our,” “us” or “Company”) Hamilton Stars Rewards & Loyalty Program (“Program”).  Please read these Program Terms & Conditions (“Terms”) carefully for important information about your (“you,” “your,” or “Member”) rights in the Program.  

 

BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THESE TERMS. PLEASE NOTE THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, REQUIRE CLAIMS TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PARTICIPATE IN THE PROGRAM. FOR THE UP-TO-DATE VERSION OF THE TERMS, PLEASE VISIT https://hamiltonmusical.com/app-rewards-terms.  

 

Finally, please note that these Terms are separate from any other agreement you may have with Company. In the event of any conflict between these Terms and another agreement, these Terms will control in any matter relating to the Program.  

 

  • General Information.  Company wants to reward customers for their loyalty to and engagement with Hamilton – The Official App (the “App”).  The Program lets you earn virtual stars (“Hamilton Stars”) by taking certain actions within the App as further described below.  Hamilton Stars may be redeemed for unique perks, benefits and experiences (“Rewards”), as further described below. In certain situations, Hamilton Stars may be purchased by way of an In-App Purchase (“IAP”), subject to certain conditions and restrictions as determined by Company.    

 

Eligibility, Enrollment & Registration. 

 

  • Eligibility.  Corporations, associations or other groups may not participate in the Program. The Program is intended for personal use only and any commercial use is prohibited. The Program is not targeted towards, nor intended for use by, anyone under the age of 13 . If you are between the ages of 13 and 18, you may only use the Program under the supervision of a parent or guardian who agrees to be bound by these Terms.  Company reserves the right to terminate any person from participating if that person appears to be violating these Terms, including, without limitation, manipulating the Program or otherwise acting against the Program’s intent. If a Member is terminated, he or she automatically forfeits all Hamilton Stars. 

 

  • Enrollment.  You are enrolled in the Program upon signing up for the Program via the App and accepting these Terms & Conditions.  There is a limit of only one Program account per email address.  
  • Privacy.  The enrollment process for the App and Program may require that you provide certain information, including your name, mailing address, email address, phone number and birthday.  No purchase is necessary to obtain membership in the Program. All information collected about you in connection with the Program is subject to our privacy policy, which can be found at https://hamiltonmusical.com/app-privacy (“Privacy Policy”).   By enrolling in the Program, you consent to the release of information to selected third parties to carry out the Program, as further detailed in our Privacy Policy.  You shall maintain and update your registration information to ensure that it is always current, complete and accurate.

 

Earning Hamilton Stars.   

 

  • How To Accumulate Hamilton Stars.  To accumulate Hamilton Stars you must take certain engagement actions within the App (“Eligible Actions”).  These may include, but are not limited to:
  1. Signing up as a new registered user 
  2. Entering any Hamilton lottery (limit 1 per day)
  3. Taking a “HamCam” photo (limit 1 per day)
  4. Saving a Karaoke video (limit 1 per day)
  5. Finding a Newsfeed “easter egg”
  6. Answering trivia questions correctly
  7. Purchasing merchandise in the app.

 

The current Hamilton Stars accumulation instructions and requirements are available at: _____________________ and are subject to change. 

 

  • Purchasing Hamilton Stars.  Hamilton Stars are generally not available for purchase and must be earned via Eligible Actions.  However, from time to time, we may make special offers for you to purchase additional Hamilton Stars via an IAP including in the event you have insufficient Hamilton Stars to redeem for a particular Reward (“Bonus Hamilton Stars”).  Bonus Hamilton Stars will be awarded as described in the applicable special offer, and will be subject to any additional terms set forth in that offer. You may only use Bonus Hamilton Stars to redeem any such Reward (i.e. you may not redeem such Reward in the event you have insufficient Hamilton Stars for such Reward).   

 

  • Hamilton Stars Deduction and Forfeiture.  Upon redemption of Hamilton Stars for any Reward, your Hamilton Stars will be deducted from your account and will no longer be available to you.  Except as otherwise provided by applicable law, you will forfeit all unused Hamilton Stars if you file for bankruptcy, or your participation in the Program is terminated for any reason. You will not receive any compensation or new Hamilton Stars for your Hamilton Stars that expire or are forfeited.

 

  • Account; Posting of Hamilton Stars.  Your Hamilton Stars balance will be available at any time by accessing the “Rewards” tab within the Application.  Please allow up to 48 hours for earned Hamilton Stars to be visible in your account. If your Hamilton Stars are not visible at that time please contact our Customer Service Center at AppRewards@HamiltonMusical.com.  We may verify and adjust your Hamilton Stars balance based on our records and based on certain actions not constituting, or no longer constituting, Eligible Actions. Hamilton Stars will remain available in your Hamilton Stars balance until they are redeemed for a Reward or are forfeited.  Your account will be deemed correct unless otherwise challenged with evidence that, in our sole and absolute discretion, demonstrates a discrepancy that warrants correction. We will not be liable for discrepancies, omissions, inconsistencies or errors in your account or your collection and/or redemption of any Hamilton Stars or Reward. 

 

  • Other Hamilton Stars Conditions.  Hamilton Stars earned have no cash value and have no purpose or use except in exchange for Rewards offered by Company via the Program.  Hamilton Stars may not be sold, purchased, transferred or altered in any way by you, and any attempt to do so will be void. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Hamilton Stars.   Any items, benefits or privileges received as a result of redemption of Hamilton Stars may not be exchanged or returned for cash or credit.

 

  • Hamilton Stars Disputes. If you believe Hamilton Stars were earned and that they have not timely posted to your account, you may dispute your Hamilton Stars balance (“Hamilton Stars Dispute”) by sending app screenshots and a description of your dispute to AppRewards@HamiltonMusical.com. We will use reasonable efforts to investigate your Hamilton Stars Dispute if you notify us within 2 days of the posting date. If you do not notify us within that period, you waive your right to make a Hamilton Stars Dispute with respect to that Eligible Action.
     

Rewards.

  • Rewards. The Program allows Members to redeem Hamilton Stars, on an individual basis, and solely for their own account, for various Rewards.  The nature of these Rewards, and the number of Hamilton Stars required to obtain such Rewards, shall be established by Company in its sole discretion, may change at any time or from time to time, and may be available for limited times.  You can view available Rewards by going to the “Rewards” tab within the App. Rewards may include:

 

      1. Digital content (e.g. stickers, HamCam filters, karaoke songs)
      2. Custom Video Content (creating in response to a user-submitted message to a performer)
      3. Access to exclusive content and information
      4. Access to exclusive events
      5. Access to exclusive merchandise discounts

 

Additional Rewards will be released on a rolling basis.  The current Rewards and Hamilton Stars redemption levels are available on the Rewards section of the Hamilton iOS and Android app, starting with version 3.0.

 

All matters concerning the Rewards, including but not limited to warranties, guarantees, and maintenance and delivery (if not delivered by Company), are solely between the Member and the entity supplying the Reward.  Company makes no warranties or representations whatsoever with regard to any goods or services provided by the entity supplying the Reward, if not Company.  

 

  • Loyalty Tier Level. There may be multiple levels of benefits within the Program that may be joined by expending Hamilton Stars (“Tiers”). Once you join a specific Tier, you will receive benefits applicable to that level at that time. Current Tiers, required Hamilton Stars levels and associated benefits are available on the Rewards section of the Hamilton iOS and Android app, starting with version 3.0.
  • Taxes. Rewards may be taxable, depending on the value of the item and the federal, state, national and local tax laws applicable to Member.  Members are solely liable for any applicable taxes arising out of the accrual or use of Hamilton Stars or Reward (including without limitation value added tax, sales taxes and any similar or equivalent taxes, which in each case shall be payable in addition to any other consideration provided). Please consult your tax advisor concerning such tax consequences.  

 

  • Cancellation of Program Participation.  You may cancel your participation in the Program at any time by contacting our Customer Service Center AppRewards@HamiltonMusical.com. Additionally, your participation in the Program will be automatically cancelled in the event that you delete your account on the App If your participation in the Program is cancelled, you will no longer earn Hamilton Stars and you will forfeit your unused and unexpired Hamilton Stars. Your cancellation will not affect any previously issued Reward unless you also close your account.  Unless you cancel your participation, you will remain enrolled in the Program. 

 

  • Changes; Termination.  Please note that participation in the Program and the benefits of the Program are offered at the sole discretion of Company.  This Program begins on [January 2, 2020] and will continue until terminated, suspended, modified, or converted to another loyalty program by Company.  Company may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program, including the availability of Hamilton Stars or Rewards, at any time without notice.  Unless otherwise indicated, any changes will be effective immediately upon posting the revisions to https://hamiltonmusical.com/app-rewards-terms, and you waive any right you may have to receive specific notice of such changes or modifications.  You acknowledge that any cancellation, change, suspension or modification of the Program may result in the loss of Hamilton Stars balance or Rewards, and cancellation of some or all benefits connected to the Program. Company may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Terms, or for taking any actions that are inconsistent with the intent of these Terms.  Company reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Company deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Terms; (b) damaging, tampering with or corrupting the operation of the Program or App; (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 Company to be generally inconsistent with the intended operation of the Program.  Any decision Company makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Company shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or the violation of the Terms’ intent. Hamilton Stars are not valid unless earned in strict compliance with the requirements as established and intended by Company, and no Member shall attempt to earn Hamilton Stars by any means (including without limitation any script, bot, or other automated means) that only simulates compliance with the applicable requirements.

 

  • Program Conditions:  The Program, the Hamilton Stars and/or the Reward are void where prohibited by law.  If a Reward becomes unavailable, Company may substitute a reward of equal or greater value, as determined in its sole and absolute discretion.  Members may not assign or transfer any Hamilton Stars or Rewards. Company makes no warranty in any respect as to any Reward, merchandise or service available within the Program. 

 

  • Release/Limited Liability. Unless otherwise required by law or our agreements with you, and to the fullest extent permitted by applicable law, neither Company nor any of its affiliates, officers, directors, employees, service providers, or agents (collectively, “Released Parties”) will be liable to you, or anyone making a claim on your behalf, in connection with (a) any termination of, change in, or suspension of the Program; (b) any claim relating to using any Reward obtained through the Program; (c) any loss, damage, expense or inconvenience caused by any occurrence outside of our control; (d) any taxes that you incur as a result of receiving or redeeming Hamilton Stars or receiving any Reward; or (e) for technical problems or malfunctions arising in connection with any of the following occurrences which may affect the operation of the Program and/or App: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the App in whole or in part for any reason; traffic congestion on the Internet or App; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Program.  In particular, Company shall not be responsible for the loss of any Hamilton Stars or Rewards you earn through the Program, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber-attack or other events which make it impossible for Company to determine the Hamilton Stars totals for any account or accounts. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM, INCLUDING WITHOUT LIMITATION ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PROGRAM, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, MERCHANTABILITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

 

  • Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or in connection with any of the following: (a) your breach of these Terms; (b) your access to or use of the Program; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right, or any agreement or terms with a third party to which you are subject; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not in any event settle any claim without our prior written consent.
  • Limitation of Liability.  To the fullest extent permitted by applicable law, you hereby agree that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program or any Hamilton Stars or Reward shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but shall in no event include attorneys’ fees; and (c) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

 

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, OR PERSONAL INJURY/WRONGFUL DEATH) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (i) THE PROGRAM; (ii) ANY CONTENT OR THIRD PARTY SERVICE THAT IS INTEGRATED INTO THE PROGRAM OR MADE AVAILABLE ON THE PROGRAM; OR (iii) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PROGRAM.

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  IF ANY PART OF THE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IN THESE TERMS IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES, SHALL NOT EXCEED THE AMOUNT OF HAMILTON STARS YOU HAVE EARNED IN ACCORDANCE WITH THESE TERMS.UNITED KINGDOM RESIDENTS ONLY

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including in particular sections 8-13, shall deprive you of the mandatory rights you have as a consumer under the laws applicable in your country of residence. 

In particular, nothing in these Terms shall in any way limit or exclude liability (i) for death or personal injury caused by negligence, (ii) for fraud or fraudulent misrepresentation, or (iii) in relation to any rights you may have or obligations we may have under the Consumer Rights Act 2015, or (iv) for any other liability that cannot be limited or excluded as a matter of applicable law. All provisions of these Terms that purport to limit or exclude liability in any way shall be subject to this overriding provision.

 

  • Governing Law; Assignment. The Program and these Terms are governed by federal law and, to the extent state law applies, the laws of the State of New York without any reference to its choice of law provisions. You may not assign your rights or obligations under these Terms to any other person or entity.. 
  • Agreement to Arbitrate. You and Company agree to arbitrate all disputes between you and Company or its affiliates, except disputes relating to the enforcement of Company or its affiliates’ intellectual property rights.  Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Program, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described below. 

 

In the event of a dispute, you or Company must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested.  You must send any notice of dispute to Hamilton Uptown Limited Liability Company c/o Baseline Theatrical, 1501 Broadway, 24th Floor, New York, NY 10036, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Company will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.  After sixty (60) days, you or we may commence arbitration.  You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Company do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  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. If there is a conflict between JAMS Rules and the rules set forth in these Terms , the rules set forth in these Terms  will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. 

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this contract shall be held in the United States in the borough of Manhattan, New York, New York, United States of America, without regard to its conflict of laws provisions. If travelling to the borough of Manhattan, New York, New York, United States of America, is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration, except as otherwise expressly set forth herein. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS CONTRACT TO ARBITRATE.

 

  • Choice of Forum. You agree that any action at law or in equity arising out of or relating to these Terms or the Program that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
  • Communications and Customer Service.  We may contact you about the Program by mail, phone, e-mail or other methods permitted under applicable law.  As needed, you agree to promptly update your contact information by contacting our Customer Service Center <appsupport@baselinetheatricals.com>. We are not responsible for Rewards or communications lost or undelivered due to incorrect or changed contact information (e.g. incorrect email address or registration information). For assistance, please contact us at <appsupport@baselinetheatricals.com>.
  • Entire Agreement.  These Terms contain the entire agreement between you and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to you. The Program is not available where and to the extent prohibited by law. If any part of these Terms conflict with applicable law, that provision will be deemed severed from these Terms and the remainder of the Terms will remain in effect. We will not lose our rights under these Terms because we delay or do not enforce them.  All waivers of any of these Terms by us must be in a writing executed by someone with authority to bind us.
  • Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  • Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
  • Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

SPONSOR:  ______________________________.  

EFFECTIVE DATE: These Terms and Conditions were last updated on May 29, 2019.