Terms and Conditions for ESPN Subscription Cards

The following Terms and Conditions (“Agreement”) describe the terms and conditions that apply to the use of ESPN Subscription Cards that are sold or issued in the United States as described herein (collectively, “Cards”). This Agreement is between you, the holder of a Card (the “Cardholder”), and BAMTech, LLC (the “Issuer”). By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.

1. About the Cards. The Cards are issued by the Issuer. The Issuer is responsible for the operation and maintenance of the Cards program. The Issuer is the sole legal obligor to the Cardholders; provided, however, that the Issuer may assign its obligations with respect to the Cards at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholders. The Walt Disney Company (“TWDC”) and its affiliates (other than the Issuer) bear no responsibility or liability for the Cards, and you hereby knowingly release TWDC and its affiliates (other than the Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Cards. The Cards are not gift cards, debit cards or credit cards.
2. Issuance and Redemption of the Cards.  Each Card is redeemable only for a U.S. subscription to ESPN Select or Unlimited (“ESPN Service(s)”) for a period of one (1), three (3), six (6) or twelve (12) months (“Period”), ESPN Service and Period as set forth on the applicable Gift Subscriptions Order Form. Each Card may be redeemed only by a new or returning subscriber to ESPN who is a U.S. resident and 18 years of age or older. Any such subscriber (such subscriber, the “ESPN Redeemer”) may redeem the Card by visiting espnplus.com/redeem, and manually entering the code printed on the Card. The ESPN Redeemer must register for an ESPN account (“ESPN Account”) in order to obtain ESPN Services. Use of ESPN Services is subject to compliance with the Disney+, ESPN and Hulu Subscriber Agreement (“Subscriber Agreement”) and the TWDC Privacy Policy. By using ESPN Services, the ESPN Redeemer accepts and agrees to the Subscriber Agreement and the TWDC Privacy Policy, both of which are incorporated by reference herein. Upon redeeming the Card, the ESPN Redeemer will receive an ESPN Account credit equal to the Period of ESPN Services. Following the provision of ESPN Services for such Period, the ESPN Redeemer’s further access to ESPN Services will be terminated, unless upon redemption the ESPN Redeemer provided a valid credit card or other valid payment method accepted by ESPN (a "Payment Method"). If provided, ESPN Redeemer's Payment Method will be charged the then-current price of the Monthly Subscription on a recurring basis for continued access to the ESPN Services (including applicable taxes and fees) after the Period. If the ESPN Redeemer has elected to cancel the ESPN Redeemer's subscription before the end of the Period, the ESPN Redeemer's Payment Method will not be charged for such subscription and cancellation shall become effective when the Period ends. The ESPN Redeemer may change Payment Method information or cancel a subscription or  an ESPN Account by logging into the ESPN Redeemer’s ESPN Account on espnplus.com and clicking on Account and then Subscriptions.
3. No Cash Redemption. The Cards have no cash value and may not be redeemed for cash except as required by applicable law. 
4. Single-Use Only; Not Combinable with Other Offers; Not Exchangeable.  The redemption code on a Card is for a one-time use only. The redemption of the Card may not be combined with any other offers, coupons, discounts or promotions. The Card may not be exchanged or credited toward the purchase of any subscription services other than a twelve (12) month subscription to ESPN+ Services.
5. Non-Payment. The Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration. 
6. No Expiration; No Fees. The Cards do not expire. No inactivity or service fees apply to any Card. 
7. Refunds. The Cards are not refundable except as required by applicable law 
8. No Resale or Transfer. The Cards may not be resold or transferred without the Issuer’s express written authorization. A Card is not valid and will not be honored, and the Issuer will not be liable for the value of the Card, if the Card is obtained from an unauthorized seller or reseller, including through any Internet auction site. 
9. Fraud. The Issuer reserves the right to refuse to honor a Card if the Issuer suspects that the Card was obtained fraudulently. 
10. BINDING ARBITRATION AND CLASS ACTION WAIVER. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual, final and binding arbitration of most disputes instead of resolution in court.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” During an arbitration, each party has an opportunity to present evidence to the arbitrator in writing or through witnesses, but arbitration provides for more limited discovery than in court, and the arbitrator’s award is subject to limited review by the courts. An arbitrator may award only the same damages and relief that a court could award under the law and must honor the terms and conditions of this Agreement.

 

You and the Issuer agree that any dispute, claim or controversy, whether at law or equity, arising out of or relating to your use of the Card or this Agreement, including but not limited to the interpretation, applicability or enforceability of these terms or the formation of this Agreement, or the arbitrability of any dispute (“Dispute”), shall be resolved in its entirety by individual binding arbitration.  You and the Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.  You and the Issuer agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  You and the Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.  If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court.

 

This agreement to arbitrate shall survive termination of this Agreement and extends to any Disputes that you may assert against the Issuer’s affiliates.  This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

 

PROCEDURES FOR ASSERTING A CLAIM.  In the event of a Dispute, you or the Issuer must first 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 the Issuer at 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal.  Any Notice of Dispute will be sent to you at the contact address that the Issuer or its affiliate has for you.  You and the Issuer will attempt to resolve a Dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent.  After 60 days, you or the Issuer may commence arbitration or proceed in small claims court.  You may instead litigate a Dispute in small claims court if the Dispute meets the requirements to be heard in small claims court.

 

If you and the Issuer do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved 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 conducted by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, effective July 1, 2014 (the “JAMS Rules”).  The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at jamsadr.com or 1-800-352-5267.  To begin an arbitration proceeding, you must serve the Issuer’s registered agent for service of process, Corporation Service Company, at 100 Shockhoe Slip, 2^nd Floor, Richmond, Virginia 23219, United States.

 

Arbitration may be conducted in person, through the submission of documents or via telephone, to the extent permitted by the arbitrator and the JAMS Rules.  Proceedings that cannot be conducted through the submission of documents or by phone will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if circumstances prevent you from travelling to Los Angeles or New York, JAMS may hold an in-person hearing in your hometown area.  You and the Issuer agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.   

 

In accordance with the JAMS Rules, the party initiating arbitration is responsible for paying the filing fee.  However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of the Issuer’s last written settlement offer; or (b) if the Issuer did not make a settlement offer, then, in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Issuer will reimburse you for the filing fees you incurred.  Reasonable attorneys’ fees and expenses will be awarded only to the extent such an award is available under applicable law.

 

Nothing herein shall be construed as consent by the Issuer or any of its affiliated entities to the jurisdiction of any court with regard to disputes, claims or controversies unrelated to the use of your Card or this Agreement.

 

11.    Limitation of Liability.  THE ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE SOLE LIABILITY OF THE ISSUER AND ITS AFFILIATES, SHALL BE THE REPLACEMENT OF SUCH CARD.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

 

12.   Governing Law. The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, shall govern this Agreement and the use of your Card. 

 

13.   Severance. Notwithstanding anything herein to the contrary, if any part of this Agreement is deemed invalid or inapplicable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced. 

 

14.   Changes to Agreement. The Issuer reserves the right to modify, alter, change or amend this Agreement from time to time in its discretion without advance notice. The current version of this Agreement is available at disneyterms.com/espnpluscard.

 

 

 

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