'Caps Card Terms and Conditions

2014 WHITECAPS FC ‘CAPS CARD PROGRAM TERMS AND CONDITIONS

I. General

  1. The 2014 Whitecaps FC ‘Caps Card Program is offered at the discretion of the Vancouver Whitecaps Football Club (“Vancouver Whitecaps FC”). Participation in the 2014 Whitecaps FC ‘Caps Card Program (“Program”), is subject to the following terms and conditions, rules, regulations, policies and procedures (“Terms and Conditions”) that Vancouver Whitecaps FC may, in its discretion, adopt from time to time.
     
  2. THIS IS A BINDING AGREEMENT. By accepting your Whitecaps FC ‘Caps Card (“’Caps Card”) season ticket card you are automatically enrolled in the Program and are agreeing to these Terms and Conditions.
     
  3. The Vancouver Whitecaps FC has the right to change, limit, modify or cancel the Terms and Conditions, the Program and program offerings at any time, with or without notice.
     
  4. The Program is available only to Vancouver Whitecaps FC season ticket holders (“Account Holders”) who have opted into the Program (“Eligible Participants”). Any other ticket packages offered by Vancouver Whitecaps FC are not eligible for the Program.
     
  5. In order to be eligible for the Program, Eligible Participants must be an Account Holder who is an active holder of a valid ‘Caps Card. Eligible Participants who hold more than one seat license in their account may also designate an individual or individuals as the users of those additional seats. Such additional designated users are deemed a “Seat Designee”, and the acceptance of these terms and conditions by the Account Holder is also accepted on behalf of any Seat Designee within the Account Holders account.
     
  6. Any Seat Designee made by a ‘Caps Card account holder are automatically enrolled in the Program and are Eligible Participants in the Program and will remain Eligible Participants unless and until the Eligible Participant notifies Vancouver Whitecaps FC of the Eligible Participant’s desire to remove a particular “Seat Designee” from the Program by calling (604)669-9283 ext 1.
     
  7. Eligible Participants will earn points (“Points”) in accordance with the Point Schedule, as amended from time to time by Vancouver Whitecaps FC in its absolute discretion, available at www.whitecapsfc.com/capscard, and may redeem Points in accordance with such Point Schedule. Vancouver Whitecaps FC may, among other things: (a) increase or decrease the number of Points earned for any transactions, (b) increase or decrease the number of Points required to redeem a specific offering (each offering, a “Reward”); (c) withdraw, limit, modify, or cancel any Reward; (d) limit the Rewards available; or (e) change program benefits, conditions of participation, rules for earning, redeeming, retaining, or forfeiting Points, or rules governing the Program or the use of specific Rewards. Please check www.whitecapsfc.com/caps_card_terms_and_conditions frequently for updates to these Terms and Conditions.
     
  8. An Eligible Participant will receive a new ‘Caps Card at the beginning of each season in which they are an Eligible Participant in the Program. If an Eligible Participant lost the ‘Caps Card sent to him/her for the 2014 Program he/she can request a replacement ‘Caps Card by mail, by email at fanservices@whitecapsfc.com or by calling (604)669-9283 ext 1 – a lost card processing fee of $10.00 plus applicable taxes will be charged for each instance in which a card is replaced. Eligible Participants are responsible for maintaining accurate and updated personal information with the Vancouver Whitecaps FC. Updates to personal information can be made through Manage My Tickets or by notifying the Vancouver Whitecaps FC by mail at Vancouver Whitecaps FC, Suite 550 – 375 Water Street, Vancouver, British Columbia, V6B 5C6 or by calling (604)669-9283 ext 1. Vancouver Whitecaps FC is not responsible for ‘Caps Card cards or Rewards that are not received as a result of erroneous or out dated personal information.
     
  9. Once enrolled in the Program, Eligible Participants may start redeeming Points for Rewards at www.whitecapsfc.com/capscard as long as the Account Holder’s account is fully paid.
     
  10. Points will begin to accrue at the start of each season or calendar year and will cease to accrue on December 31st of each calendar year. Rewards may be redeemed beginning at any point during the calendar year providing there are enough Points in an account for Reward redemption. Points will not carry over to a subsequent season.
     
  11. Points shall be non-transferrable. An Eligible Participant who holds more than one ‘Caps Card under such Eligible Participant’s account, whether transferred to a Seat Designee or not, shall not be entitled to transfer Points among the ‘Caps Cards held by such Eligible Participant.
     
  12. No credit will be issued for any unused Rewards or Points not redeemed prior to December 31st of the calendar year in which such Rewards or Points accrued.
     
  13. Blackout dates for acquiring Points and redeeming Rewards apply and are set by the Vancouver Whitecaps FC and are subject to change in Vancouver Whitecaps FC’s sole discretion.
     
  14. Points and Rewards may not be re-sold by any means, electronic or otherwise. The Vancouver Whitecaps FC reserves the right to revoke and not honor any Rewards or Points that have been resold.
     
  15. In case of fraud or abuse involving the Program, the Vancouver Whitecaps FC will have the right to take appropriate administrative and/or legal action, including but not limited to revocation/cancellation of Points and Rewards.
     
  16. Email is the primary method of providing service-related updates to Eligible Participants and certain offers and/or Rewards will only be communicated via email. Eligible Participants must provide a valid email address to enroll in the Program and are responsible for keeping their email information up-to-date. The Vancouver Whitecaps FC is not responsible for any email notifications that are bounced back or misdirected. By enrolling in the Program, Eligible Participants agree to receive advertising, marketing materials and other communications from the Vancouver Whitecaps FC by fanservices@whitecapsfc.com
     
  17. All questions or disputes regarding eligibility and Points balances will be resolved by Vancouver Whitecaps FC in its sole discretion. Vancouver Whitecaps FC has the sole discretion to interpret and apply these Terms and Conditions.
     
  18. Points and Rewards have no cash value, may not be redeemed for cash, and may not be used in connection with any other offer, promotion or discount.
     
  19. The awarding of Program benefits is void where prohibited by law.
     
  20. Vancouver Whitecaps FC's waiver of any breach of these Terms and Conditions shall not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. Vancouver Whitecaps FC's failure to insist upon strict compliance with these Program Terms and Conditions shall not be deemed a waiver of any rights or remedies that it may have against that or any other participant in the Program.
     
  21. When redeeming a Reward, Eligible Participants and their guests shall at all times maintain proper decorum while attending games at BC Place Stadium and will abide by all applicable governmental laws, ordinances, orders, directions, rules and regulations, as well as all rules and regulations as are adopted and revised from time to time by Vancouver Whitecaps FC or any of its affiliates. Vancouver Whitecaps FC reserves the right to exclude or eject any and all unruly, rowdy or disruptive persons from BC Place Stadium without liability and the applicable Eligible Participant shall be fully responsible for any damages or expenses, direct or indirect, incurred by the Vancouver Whitecaps FC and its affiliates as a result of such disruptive behavior and/or ejection.
     
  22. This Program shall be governed by the laws of the Province of British Columbia and the applicable laws of Canada therein, without regard to their conflicts of laws principles. The Eligible Participants expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia in any and all actions, disputes or controversies relating hereto.

II. Consent for Use of Personal Information

  1. By accepting these Terms and Conditions, each Eligible Participant consents to the collection, use and disclosure by Vancouver Whitecaps FC of the personal information such Eligible Participant provides pursuant to the Program for the purposes of administering the Program, offering Rewards and marketing of new services or products of Vancouver Whitecaps FC and its affiliates and partners in accordance with the MLS Privacy Policy which can be found at http://www.mlssoccer.com/privacy-policy

IV. Limitation of Liability and Additional Terms

BY REDEEMING THE REWARD, EACH ELIGIBLE PARTICIPANT AGREES THAT VANCOUVER WHITECAPS FC AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE INDEMNIFIED AND HELD HARMLESS BY ELIGIBLE PARTICIPANTS AGAINST, ANY AND ALL LIABILITY FOR ANY AND ALL INJURIES, LOSSES OR DAMAGES OF ANY AND ALL KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A REWARD, OR PARTICIPATING IN THE PROGRAM OR REWARD-RELATED ACTIVITY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY REWARD CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ELIGIBLE PARTICIPANTS FOR ANY AND ALL DELAYS IN OR FAILURES TO PERFORM DUE TO CAUSES BEYOND THE VANCOUVER WHITECAPS FC AND ITS AFFILIATES CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM, OR ACTS OR OMISSIONS OF A THIRD PARTY. THIS SECTION WILL SURVIVE TERMINATION OF ANY ELIGIBLE PARTICIPANT’S PARTICIPATION IN THE PROGRAM.