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 points and to exchange these points for corresponding gifts available in the BNEE Rewards store at club.bandainamcoent.eu.
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, 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).
The same customer (same last name, first name, date of birth and address) can only register once for the Program. BNEE can conduct all useful checks and terminate the membership of any person who does not meet the Program's participation criteria.
Operation of the Program
3.1 Earning points
Members can earn points by registering their games at www.bandainamcoent.eu. The number of points awarded for each registered game depends on the game and is set unilaterally by BNEE. The number of points awarded when each game is registered is indicated by the registration code provided at purchase.
A game can only be registered once by a Member; but to clear up any misunderstanding, if a Member owns the same game on both PlayStation 4 and on Xbox One, they can register the game on both platforms. BNEE reserves the right to ask the Member to provide proof of purchase for games registered by the Member.
BNEE reserves the right to offer additional points to Members for special events at its sole discretion.
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.
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 3.4 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.
Members can exchange points for gifts at club.bandainamcoent.eu only. When a Member exchanges points for gifts, an order confirmation email is immediately sent to the Member, and a shipping confirmation email is sent when the gift is shipped to the Member.
3.4 Gift delivery
3.4.1 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.
3.4.2 Digital gifts
Digital gifts can be downloaded directly by the Member. Once the order has been confirmed, the Member will receive a download link 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.
3.5 Participation in playtests (Closed Beta)
BNEE may allow certain Members of the Programme to test games in development.
Not all Programme Members will be playtesters. To become a playtester for a game in development, Members must (i) register for the BNEE Loyalty Programme, (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.
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.
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.
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.
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.
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.
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.