Loyalty Program General Terms and Conditions

IMPORTANT: The “Ep!c Rewards Club” Loyalty Program General Terms and Conditions (the "Program") specify the provisions that govern the relationship between BNEE and members of the Program. Participation in the Program implies prior and unconditional acceptance of these General Terms and Conditions, the Website Terms of Use, the Privacy Policy and the Cookies Policy available on the Website.
All capitalized terms that are not defined in these General Terms and Conditions have the same definition as those given in the Website Terms of Use.

1
Subject

The Program is implemented by BANDAI NAMCO Entertainment S.A.S., whose head office is located at 49/51 Rue des Docks CS 90618, 69258 Lyon Cedex 09, France.

The purpose of the Program is to allow any natural person registered with the Program (hereafter the "Member") to accumulate loyalty points, called “Ep!c points” (hereafter “Points”)  and to exchange these Points for corresponding gifts available in the BNEE Rewards store at club.bandainamcoent.eu.

2
Terms of Participation in the BNEE Loyalty Program

Participation in the Program is open to any natural person over 16 years of age with an Account, as defined in the Website Terms of Use (hereafter the “Account”) except persons residing in Asia (Brunei, Cambodia, Indonesia, Laos, Myanmar, Papua New Guinea, Philippines, Thailand, Vietnam, China, Hong Kong, Macao, Mongolia, North Korea, South Korea, Malaysia, Taiwan, Japan), and North and South America (American Samoa, Anguilla, Antigua and Barbuda, Argentina, Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia, Brazil, Canada, Cayman Islands, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, West Indies, Nicaragua, Panama, Paraguay, Peru, Puerto Rico, Saint Christopher and Nevis, Saint Lucia, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Turks and Caicos, US Minor Outlying Islands, United States, Uruguay, Venezuela, Virgin Islands).

An individual can only register once for the Program. BNEE can conduct all useful checks and terminate the membership of any individual who does not meet the Program's participation criteria.

3
Operation of the Program

3.1 Earning Points

Members can be awarded Points in the following ways and under the conditions set out below:

- By making a purchase on the Bandai Namco Entertainment Europe official online store whose address is as follows: https://store.bandainamcoent.eu/ (hereafter “the BNEE store”).

- By registering a physical copy of the game purchased on the BNEE store or from a BNEE-authorized retailer;

- By purchasing a game and carrying out activities on the Steam platform, provided they agree to link their Steam account to their account, as defined in article 2 of the Website Terms of Use (hereafter the “Account”);

- By completing the profile information on their Account;

- By earning Points awarded by BNEE.

The number of Points awarded for each registered game or activity performed is  set unilaterally and at the discretion of BNEE.

Points earned by Members can be accumulated.

Accumulated Points have no retail value and cannot be exchanged for cash or sold to third parties. Points belong to each Member and cannot be transferred to another Member or to third parties.

3.2 How to earn Points

Points are awarded to Members by performing different activities, as set out below, without this list being exhaustive.

3.2.1 Purchases made on the BNEE store

Members will be awarded Points when they make a purchase on the BNEE store.

The amount of Points awarded when a purchase is made on the BNEE store is calculated in the following way:

  • 1€ spent = 10 Points
  • 1£ spent = 10 Points

BNEE reserves the right to modify this scale unilaterally and at its discretion, without informing Members beforehand.

BNEE reserves the right to implement periodic promotional campaigns during which the amount of Points awarded when making a purchase on the BNEE store shall be increased depending on the products purchased or the amount spent by Members, without this list being exhaustive.

In the event that physical products are purchased on the BNEE store, the Points shall be credited from the time the products from the order are sent by BNEE for shipping.

In the event of digital products being purchased on the BNEE store, the Points shall be credited from when the client receives their product key on their Account.

            3.2.2 Registering physical games purchased on the BNEE store or from BNEE-authorized retailers

Members shall be awarded Points when registering a game that is part of the Program, in its physical version, purchased on the BNEE store or from a BNEE-authorized retailer.

Registering a game in this context is done by entering a unique code found on a document inside the box of the purchased game.

In order to register the game, Members must logon to the following website and follow the registration procedure: redeem.bandainamcoent.eu/admin/login.

The amount of Points awarded in this context is set unilaterally and at the discretion of BNEE for each game belonging to the Program.

The amount of Points awarded on registering each game is shown on the document inside the game box which contains the unique code for registering the game.

BNEE reserves the right to implement periodic promotional campaigns during which the amount of Points awarded when registering a game belonging to the Program, in its physical version, purchased on the BNEE store or from a BNEE-authorized retailer, shall be increased by an amount fixed unilaterally and at the discretion of BNEE.

Game registration is limited to one copy per dedicated campaign (that is, one copy per game edition and per console). A game edition is understood as the version in which the game is sold (Standard, Deluxe or Collector edition, without this list being exhaustive).

For example, a Member owning two copies of a same edition game and on the same console, can only register one of these copies within the context of the Program.

Conversely, a Member owning two copies of a same edition game and on different consoles can register both games within the context of the Program. Similarly, a Member owning two copies of a game from two different editions and on the same console (for example, a game in Standard version and another in Collector version) can register both games within the context of the Program.

It is stipulated that not all games published by BNEE are part of the Program. Games belonging to the Program are determined unilaterally and at the discretion of BNEE. There is no retroactive right to having Points awarded for a game that was not initially a part of the Program and was subsequently included in it.

            3.2.3 Games purchased and activities carried out on the Steam platform

Members, if they agree to link their Steam account to their Account following the steps outlined on the Website will be awarded Points according to the following scale:

  • Game owned 500 Points
  • Season Pass bought 200 Points
  • Demo downloaded 100 Points
  • DLC bought 50 Points
  • Unlocked achievement 10 Points
  • 50% of achievement completion 100 Points
  • 100% of achievement completion 200 Points

BNEE reserves the right to modify this scale unilaterally and at its discretion, no retroactivity will be applied.

The Points awarded for purchasing games, DLC or a Season Pass will only take place 15 days after the date of purchase in order to avoid crediting Points for purchases that could have been cancelled during the withdrawal period.

Members can only link one Steam account to their Account. It will also not be possible to link several different Steam accounts successively.

A Steam account can only be associated with one Account.

If Members delete their Account or unlink their Steam account, then create a new Account and link their Steam account to that new account, only activities that have not been awarded Points on the previous account will be considered for awarding Points on the new account.

            3.2.4 Completion of Account profile information

Members shall be awarded a certain number of Points if they complete all the information fields under the “Your Information” section (including the addition of an avatar) of their Account.

The amount of Points awarded by BNEE in exchange for carrying out this activity is set unilaterally and at the discretion of BNEE, and may be changed by BNEE at any time, without informing Members beforehand. This amount is displayed on the Website.

Should the amount of Points awarded for completing this activity be increased, there shall be no retroactive right to claim the Point difference between the former and new amount.

These Points will be automatically credited by BNEE when Members complete their information details.

BNEE reserves the right not to credit these Points in the event of reasonable doubt regarding the accuracy of the information provided.

            3.2.5 Points awarded by BNEE

BNEE reserves the right to award Points freely and at its discretion to any Member.

This possibility is not in any way an obligation for BNEE, which shall not be held liable if it declines to award Points.

BNEE also reserves the right to organize periodic promotional campaigns, giving Members the opportunity to be awarded Points. The conditions for earning Points in this context shall be outlined by BNEE in rules drawn up for this specific purpose.

3.3 Removing Points

BNEE reserves the right to remove Points from Members, should Members fail to adhere to the Program General Terms and Conditions, the Website Terms of Use, the Privacy Policy and the Cookies Policy.

BNEE reserves the right to remove Points from Members for misconduct by Members in their use of the Website or the Program, or for misconduct observed or breach detected in the context of their relationship with BNEE or with third parties on BNEE’s Website and/or social media.

BNEE reserves the right to remove Points from Members for injurious behaviour (fraud, attempted fraud, offensive or defamatory language, aggressive behaviour, etc.) from Members in the context of their relationship with BNEE or with third parties on BNEE’s Website and/or social media.

BNEE reserves the right to remove Points from Members should Members exercise their right of withdrawal for the purchase of a product on the BNEE store.

This list is not exhaustive with BNEE reserving the right to remove Points for any other reason.

The removal of Points, as well as the determination of the amount of Points to be removed, is established unilaterally and at the discretion of BNEE and cannot be the subject of any claim.

BNEE cannot be held liable for any removal of points.

3.4 Exchanging Points for Gifts

Members can exchange Points for gifts, physical or digital, available at club.bandainamcoent.eu. Photos of gifts are representative only and non-binding.

As explained in article 3.5 below, Members living in certain countries cannot receive physical gifts.

The number of Points required for each gift can be viewed directly on the website at club.bandainamcoent.eu. The Gift-Points Table is defined at BNEE's sole discretion and may be changed by BNEE without informing Members beforehand. Members cannot invoke the right to claim a gift, including if there is an increase in the number of Points required for a gift, or if there is temporary or permanent unavailability of a gift. BNEE reserves the right to substitute the gift with a gift of similar value if out of stock.

3.4.1 Procedure
Members can exchange Points for gifts at club.bandainamcoent.eu only. When a Member exchanges Points for gifts, an order confirmation e-mail is immediately sent to the Member, and a shipping confirmation e-mail is sent when the gift is shipped to the Member.

3.4.2 Discount Voucher

BNEE offers Members the opportunity to exchange their Points for a discount voucher (hereafter the “Discount Voucher”) of the same value to be used against a subsequent order made by the Member on the BNEE store.

The Discount Voucher can only be used once.

The Discount Voucher is treated like a digital gift and is delivered in the same way as digital gifts.

Once received, the Discount Voucher cannot be exchanged for another gift or for Points. It cannot be exchanged for a sum of money and cannot be sold to a third party. It belongs to each Member and cannot be transferred to another Member or to third parties.

The Discount Voucher terms of use, notably the amount of reduction applied and its validity period, are unilaterally fixed by BNEE and are displayed on redeeming the Discount Voucher. BNEE reserves the right to revise these terms of use without prior notice.

3.5 Gift delivery

BNEE reserves the right not to send a gift to a Member who does not comply with these General Terms and Conditions, the Website Terms of Use or the Privacy Policy. Available gifts will be sent within a maximum of 30 (thirty) days from when the Member receives the order confirmation e-mail, except in cases of force majeure.

3.5.1 Physical gifts

Physical gifts will be sent to Members through the postal service. Only Members living in the following countries can receive physical gifts: South Africa, Algeria, Germany, Andorra, Saudi Arabia, Australia, Austria, Belgium, Bulgaria, Croatia, Denmark, United Arab Emirates, Spain, Estonia, Finland, France (including Guadeloupe, French Guiana, Martinique, Mayotte, New Caledonia, Réunion and Saint-Martin), Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, Morocco, Monaco, New Zealand, Norway, Netherlands, Poland, Polynesia, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland, Tunisia, Turkey, Vatican City.

BNEE assumes all costs associated with delivering gifts.

These gifts will be sent to the address specified by the Member upon order confirmation or, if none has been provided, to the address held in the Member's account.

Members agree to provide BNEE with a complete and valid address. BNEE reserves the right to withhold sending the gift if the postal address is missing or incomplete, or if the destination is not a country that BNEE can deliver to.

Under no circumstances can BNEE be held liable for a delay in delivering a gift or loss of a gift by the delivery services.

If a Member is required to pay customs duties to receive a gift, the Member can request compensation from BNEE by writing to BNEE's Customer Service (service.bandainamcoent.eu) and by providing the relevant customs duty documentation.

It is the Member's responsibility to check the condition of the gifts upon receipt. If the gifts are damaged or inconsistent with the order, Members must contact BNEE's Customer Service (service.bandainamcoent.eu) within 14 (fourteen) days of receiving the gifts.

Any gift not received by the Member will be automatically returned to BNEE. In this situation, BNEE reserves the right to redeliver the gift to the Member with return costs covered by the Member or to credit the Member's account with the corresponding Points minus the number of Points corresponding to the shipping fees paid by BNEE.

3.5.2 Digital gifts

Digital gifts can be downloaded directly by the Member. Once the order has been confirmed, the Member will receive a download link or a digital key for unlocking and downloading the gift.

The digital gift is licensed, not sold. The Member's licence confers no ownership of the digital gift.

Certain digital gifts are subject to prior acceptance of an end-user licence agreement (EULA).

The Member is authorised to use a single and unique copy of the digital gift and is not authorised to copy, modify or decompile the digital gift to extract source code, create a derived work or remove any mention of the name or manufacturer of the software or of BNEE and its subsidiaries. The Member agrees to use the digital gift for strictly personal use.

3.6 Participation in playtests (Closed Beta)

BNEE may allow certain Members of the Program to test games in development.

Not all Program Members will be playtesters. To become a playtester for a game in development, Members must (i) register for the BNEE Loyalty Program, (ii) have shown interest in the relevant game (registered similar games, indicated favourite games, etc.), (iii) be the target market for the relevant game (meet age requirements, etc.). BNEE will set the number of Members who can become playtesters for each game at its discretion. Selected Members will be contacted directly by BNEE. Members who are not selected have no recourse against BNEE.

By accepting to become a playtester, Members agree to respect the Loyalty Program Terms and Conditions, BNEE's Privacy Policy and BNEE's Terms of Use, as well as any other directive from BNEE concerning the playtest (obligation to complete a questionnaire about the test, etc.). A Member playtester must not release any details about the game until the relevant game is officially released. BNEE reserves the right to ask a Member playtester to sign a confidentiality agreement. If a selected Member refuses to sign the confidentiality agreement, they cannot take part in the game playtest.

Member playtesters expressly accept that the playtest is conducted on a version of the game still in development and not on its final version. Furthermore, BNEE is not responsible for viruses or any other technical difficulty that may affect access to the game or use of the game or any incompatibility between the game and the Member's hardware.

4
Property rights – Intellectual property

Property of the gift is transferred when the gift has been received by the Member.

The Program is designed and managed by BNEE. The Program, its content and the gifts are protected by copyright and by any other laws protecting intellectual property and related exclusive rights. Any reproduction or representation of the Program's components, in whole or in part, in any way whatsoever, is prohibited.

The Program, and all constituent elements of the Program, such as the website or gifts on offer, and all intellectual property rights related to their design, presentation and distribution, belong to BNEE or its licensors or its rights holders.

5
BNEE's liability

Under an obligation of means, BNEE manages the Program within the limits of the technical resources available. In this respect, BNEE cannot be held liable for failings in the management or provision of the Program if these failings are attributable to the Member, to a third party outside their control or to any instance of force majeure.

In the event of a computer system fault affecting the management of the Member’s Points, compensation shall be exclusively in the form of Points awarded. BNEE accepts no liability for any other direct damage and for any indirect damage.

Subject to the legal warranties available to the Member as a consumer, BNEE cannot be held liable for any loss, partial or total destruction, or delivery delay, of gifts or any other documents, which are attributable to the transport services or any third-party services. Under no circumstances can BNEE be held liable for Internet problems that prevent proper functioning of the Program or downloading of digital gifts, as well as consequences from any virus, computer bug, anomaly or any other technical fault.

As a consumer, Members are covered by a legal guarantee of conformity under the conditions of Section L.221-4 of the French Consumer Code and by a legal guarantee of latent defects under the conditions of article 1641 of the French Civil Code.

 

6
The Member's liability

The Member's participation in the Program may be terminated, without notice or indemnity, and their Points removed for any breach of these Terms and Conditions by a Member or by any third party acting on behalf of a Member; misuse or fraudulent use of points, gifts or all or part of the Program in general; falsification of the information provided; or behaviour by the Member (fraud, attempted fraud, abusive or defamatory language, aggressive behaviour, etc.) that could harm BNEE's interests. This termination will occur without prejudice to any possible actions by BNEE.

7
Participation period of validity and modifications

Participation in the Program is valid for an indefinite period. However, Members have the right to no longer participate in the Program at any time by deleting their account.

Upon termination of participation, all accumulated Points that have not been exchanged for gifts before the termination date will be lost.

8
Personal information

All Member personal data collected and processed as part of the Program is done in accordance with BNEE's Privacy Policy (www.bandainamcoent.eu/privacy-policy) and respecting applicable laws and regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

9
Contact - Complaints

All questions related to the Program should be directed to BNEE's Customer Service (service.bandainamcoent.eu).

10
General provisions

In general, BNEE reserves the right to change the Terms and Conditions of the Program at any time.

Changes to the Program's Terms and Conditions will be posted directly on the website at club.bandainamcoent.eu. Any participation in the Program after the date that changes come into effect shall imply the Member's acceptance of these changes.

BNEE has the right to end the Program at any moment subject to providing 3 (three) months' notice so Members can use their Points balance. This decision may be communicated to Members by any means, including via an announcement on the Program website and/or individual communication.

These Terms and Conditions are subject to French law. Members expressly agree that any claim or dispute between you and BNEE will come under the exclusive jurisdiction of the Courts of Lyon.