Points Program Terms of Use

Stadium Points Program

Terms of Use

Updated on June 20, 2023

1. Overview

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“).

These Stadium Points Program Terms of Use (these “Program Terms“) apply to your access to, and participation in, the Points Program. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with Stadium for other products or services. The Points Program is subject to our Terms of Use (“Terms of Use“) and Privacy Policy, each of which is incorporated herein by reference. Any capitalized term used by not defined herein shall have the meaning given to such term in the Terms of Use.

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.

2. Eligibility

Users are automatically enrolled in the Points Program after they register for an account at <www.bystadium.com> or under any of the Participating Brands at <www.snackmagic.com>, <www.swagmagic.com>, <www.superiordishes.com>, <www.tapandcork.com>, and <www.teambuilds.com>.

3. Points Program

About The Points Program
The Points Program is one way in which we endeavor to reward and thank our loyal Users. Users are able to earn, buy, gift, transfer, or receive universal points (“Stadium Points”) that can be used to purchase or redeem products available at any Stadium Shop. In some cases, points may be gifted from a User, or transferred between Users, that are restricted to a specific shop (“Shop Specific Points”) in which Points may only be used to purchase or redeem products from the specified shop. Users must be logged into their Stadium account at <www.bystadium.com> to participate in the Points Program.
Earning Points
You can earn Points in the following ways (each, an “Eligible Purchase“) when you:
- place an order on our online platform <www.snackmagic.com>, you earn one (1) Point for each fifty US dollars ($50) spent per order (rounded down to the nearest whole dollar amount), up to a maximum of one thousand (1,000) Points per order; or
- redeem a treat through <www.snackmagic.com> — every redemption receives Points for dollars spent that exceed the given budget as well as additional redemption bonus Points which are subject to change from time to time,
provided that, each Eligible Purchase is made with a Participating Brand on or after November 3, 2022. You may also earn Points by interacting with our Participating Brands by completing special offers, or by completing other activities including taking surveys, or engaging in any other activity as described in our Points Program.
Buying, Gifting and Transferring Points
Points that have been earned, purchased, gifted or transferred by a User, so long as they are not associated with a specific shop, may be universal and referred to as “Stadium Points”. Users have the ability to purchase Points for personal use or as a gift through <www.bystadium.com>. Point value conversion will be quoted in USD. Pricing may be different from what the User is charged due to the exchange rate and fees associated with purchases made with a credit card issued through a foreign bank. Points purchased as a gift may be given to an existing User or non-existing User. Non-existing Users must register for an account to claim gifted Points. Unclaimed and/or expired Points may not be available to the recipient. Users have the ability to transfer Points to another User. There is no minimum to the number of Points that can be transferred at a time. In order to make a transfer, you must provide the recipient’s email address.
Points Redemption
The Stadium Points you earn or acquire will accumulate on your account dashboard (“Accumulated Points“) and you can either redeem your Accumulated Points by making a purchase through Stadium Shops (“Redemption“) or transfer your Accumulated Points to another User (“Transfer Option“, and collectively, “Points Redemption“). Stadium Points are available for redemption universally across shops. Shop Specific Point Redemptions are restricted to specific shops but can be combined with Stadium Points. Points Redemptions can be placed through Stadium Shops at <www.bystadium.com>.
Refunds & Returns
Any Points Redemption is final and non-refundable. Points cannot be redeemed, transferred, or exchanged for cash. You may not sell, barter, auction, or otherwise conduct any unauthorized distribution of any Points. If you void an Eligible Purchase, we will deduct the Points that you earned for that Eligible Purchase, potentially resulting in a negative Points balance on your account. If you return products purchased in an Eligible Purchase, we may deduct the Points that you earned in connection with that Eligible Purchase, potentially resulting in a negative Points balance on your account.
Points Minimums & Maximum
Each Eligible Purchase can earn the User a minimum of zero (0) and a maximum of one thousand (1,000) Points.
Points Balance
You can view and track your Accumulated Points, including the dates on which the Accumulated Points were earned, on your account dashboard.
Points Expiration
Stadium Points that have been earned will expire and no longer be eligible for Points Redemption if there is no Qualifying Activity in your account for a period of six (6) consecutive months. For example, if the last Qualifying Activity made in your account was on December 15, 2022, your Accumulated Points will expire on June 15, 2023. “Qualifying Activity” means either (i) an Eligible Purchase or (ii) a Points Redemption. Your Stadium Points and/or Shop Specific Points will not expire under the Points Program unless otherwise instructed by the gift organizer.
Opt-Out
You may opt-out of the Points Program at any time by providing your written opt-out notice to <hi@bystadium.com>. Upon receipt of your opt-out notice, your account will be terminated, your participation in the Points Program will be disabled and your Accumulated Points balance will be zeroed out.
Taxes
Points may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the User. Users are solely responsible for reporting such items on their tax returns and paying any associated tax liability.
Points Adjustment
Stadium, in its sole discretion, may make any account adjustments, including any deductions from your Accumulated Points, to satisfy any tax liabilities or administration costs associated with your use of the Points Program. In addition, Stadium may make account adjustments for any Points that Stadium, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious, or otherwise inconsistent with these Program Terms or any other applicable law or regulation. Any such adjustments will be made in accordance with these Program Terms, any other applicable Stadium policies and terms, and any and all applicable laws, rules and regulations. It is your responsibility to check your account regularly to ensure that Points have been properly credited and that your Points balance is accurate. If you believe that Points have not been correctly credited to your account, you must contact Stadium within thirty (30) days of the applicable Eligible Purchase.

4. Termination

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.

5. Disclaimers

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.

6. Release & Indemnification

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.

The provisions of this Section 6 shall be in addition to any other rights to indemnification, contribution, or any other remedies that Stadium may have pursuant to the Terms of Use.

7. Governing Law & Dispute Resolution

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.

8. General Provisions

1. Entire Agreement
  These Program Terms represent the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersede all existing agreements and all other oral, written or other communication between the parties concerning such subject matter.
2. No Waiver
  No waiver by Stadium of any term or condition set forth in these Program Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Stadium to assert a right or provision under these Program Terms shall not constitute a waiver of such right or provision.
3. Severability
  If any provision of these Program Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Program Terms will continue in full force and effect.
4. Assignment
  You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Program Terms, in whole or in part, without our prior written consent, and any such assignment, transfer, delegation, or other disposition without such consent shall be null and void. Stadium has the right to transfer, assign, delegate, or otherwise dispose of these Program Terms without your consent.
5. No Third Party Right
  Except with respect to the Stadium Related Parties, these Program Terms are intended to be and are solely for the benefit of Stadium and you, and do not create any right in favor of any third party.
6. Survival
  The provisions of these Program Terms which by their nature are intended to survive termination of these Program Terms shall survive any such termination.