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Terms and Conditions

Effective date: February 1st, 2019. By participating or continuing to participate after the effective date, you agree to the following:

The following information forms the basis of participation in Buzzclub, Buzzballz free rewards program (“Buzzclub” or “program”). These Buzzclub Terms and Conditions (“Terms & Conditions”) are intended to protect the members of Buzzclub (“Members”) and BuzzBallz, LLC. Your participation as a member in this program will be governed by these Terms and Conditions, and it is your responsibility to read and understand them. I. General II. Accrual of Points III. Use of Points V. Account Maintenance VI. Agreement to BuzzBallz’s Use of Information About You VII. Conditions of Participation If you require clarification or further information, you may contact info@buzzballz.com. Please note however, the Terms and Conditions cannot be superseded or changed except in writing from BuzzBallz, LLC and specifically referring to these Terms and Conditions and their effective date.

I. GENERAL

1. Buzzclub membership is offered at the sole discretion of BuzzBallz. All interpretations of these Terms and Conditions shall be at the sole discretion of BuzzBallz.

2. The Terms and Conditions are governed by and are to be construed under the laws of the state of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Claims may not be resolved through any form of class action. By participating in the program, members consent that venue for all legal actions or suits of any kind will be in the courts of the state of Texas, County of Dallas. 3. Membership in and application for membership in the program is void if prohibited by law in the state, county, or local jurisdiction of the member’s/applicant’s domicile. 4. The program has no predetermined termination date and may continue until such time as BuzzBallz decides to terminate the program, at any time, with or without notice. Members will have at least one month from the date program termination is announced to use any Points (as defined below in Section II.1.), or other benefits. 5. BuzzBallz reserves the right to add, modify, delete, or otherwise change these terms, any of the rules, procedures, conditions, Points, or requirements pertaining to the program, at its sole discretion, with or without notice, even though changes may affect the value or impact of Points already accumulated or rules for earning or use of Points. 6. The program, or some components of it, is offered in the United States, to adults who are at least 21 years of age and of legal age to consume alcohol. To the extent that a component of the program is not legal or valid in a particular state, that component is void in that state and is not offered as part of the program in that state. Only legal residents of the United States, of legal age to purchase and consume alcoholic beverages in their state of residence, may become enrolled members in the program. Enrollment becomes effective and acceptance of these Terms and Conditions begins when an individual successfully enrolls in the program. No individual is a successfully enrolled member until they have been notified by BuzzBallz that requested membership has been activated. In the event that an ineligible individual is enrolled as a member, said membership will terminate immediately upon BuzzBallz knowledge of ineligibility, regardless of when individual is informed of the terminated membership; and no compensation, Points, or other benefits will be provided to or due to said individual. 7. Buzzclub is for personal use only. Any member’s account deemed to be used for business purposes may be revoked at BuzzBallz sole discretion. No corporation, association, or group of any kind is permitted to become a member. 8. There is no cost to become a program member. program membership entitles members the ability to earn Points, which Points will serve as the basis for offers and other benefits, privileges, or opportunities identified from time to time by BuzzBallz that are made available to members. Redemption of points is offered in good faith; however, some of parts of the program may not be available or not available in the same form or according to the same terms in every state, if prohibited by law or regulation in member’s state, county, or local jurisdiction of residence. If BuzzBallz improperly denies a member a benefit, the liability of BuzzBallz, if any, will be limited to the equivalent value of that benefit, as determined solely by BuzzBallz. 9. Members may not transfer Points between accounts, and cannot combine Points from accounts for redemption, earning status, or any other purpose. 10. BuzzBallz reserves the right to discontinue membership for any member who appears, in the sole discretion of BuzzBallz, to: (a) be using the program in a manner inconsistent with the Terms and Conditions or intent of the program or any portion of the program; (b) act in a manner inconsistent with local or federal laws, statutes, or ordinances; (c) have committed fraud, theft, misconduct, or dishonesty in connection with the member’s account, any other member account, or any component of the program; or (d) have engaged in abusive, disruptive, inappropriate, or hostile conduct toward any BuzzBallz location, employee, representative, or member. Such discontinued membership may result in the loss of all accumulated Points. In addition to discontinuance of membership, BuzzBallz shall have the right to take appropriate administrative and/or legal action, including, without limitation, criminal prosecution, as it deems necessary. 11. Accrued Points are not property of the member. Points are not transferable by members for any reason or by operation of law. The sale or barter, or attempted sale or barter, of Points is prohibited. Any Points that BuzzBallz deems, in its sole discretion, to have been transferred, sold, or assigned in violation of these Terms and Conditions may be confiscated or canceled. 12. Member is responsible for remaining knowledgeable as to the Terms and Conditions and as to the number of Points in member’s account. BuzzBallz may attempt, but is not required, to send correspondence to active members to advise them of matters of interest related to the program. BuzzBallz is not liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of member contact information, for problems related to any of the equipment or programming associated with or utilized by the member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any Web site or on-line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated, or postage due mail or email for whatever reason. 13. member is responsible for creating private account access information for member’s account and for maintaining the security of that information. If the security of that information is breached by member or a third party, BuzzBallz shall not be liable for any unauthorized access to that account, accumulation, or redemption of Points, or other account activity that occurs as a result, and in no event shall BuzzBallz be responsible for reimbursing member for any Points used by unauthorized persons, or other damages or losses claimed to occur as a result of that unauthorized access. If a member becomes aware of any fraudulent activity, including unauthorized usage of member account or benefits, member must report the fraudulent activity to BuzzBallz, in writing, as soon as possible but no longer than within 30 days of Member learning that it occurred, and provide all further requested information and cooperation to BuzzBallz to be eligible for potential reinstatement of lost Points, which reinstatement may be awarded in BuzzBallz’s sole discretion. 14. Member is responsible for advising BuzzBallz of any changes to member’s contact information by updating member’s account profile through the online platform. 15. In case of the death of a member, the member’s account may be closed and all Points and other benefits forfeited, in BuzzBallz’s sole discretion. 16. By enrolling, members agree to receive mail and email communications including, but not limited to, information about member’s account and the BuzzClub program, and commercial email and direct mail from BuzzBallz. If you wish to no longer receive commercial communications via email or direct mail, please unsubscribe from the bottom of any email, or email us at info@buzzballz.com.. Privacy Policy: The information provided by the member will be handled according to the BuzzBallz privacy policy. 17. For information about an individual account or any other program related questions, contact info@buzzballz.com.

II. ACCRUAL OF POINTS

1. Buzzies (“Points”) can be earned for purchases at any store retailing BuzzBallz, where legal.

2. One way to earn Points is for a member to make a qualified purchase at a store and meet all of the conditions described herein. Points may also be earned for other activities as may be designated by BuzzBallz from time to time, including social media interactions and more which do not require a purchase, and where available by law. All Point values are rounded up to the nearest whole number. All point values are awarded based on the pre-tax value of the items purchased, including both the dollars and cents spent. 3. In order to qualify for Points, the applicable purchase or other activity must be reported to BuzzBallz via the BuzzClub website. There, you may upload receipts and hashtag #BUZZCLUB on social media to register points. You may also earn points for social media interactions in accordance with BuzzClub rules. 4. For the member’s protection, all receipts should be retained by the member until the Point credit has appeared on his or her Buzzclub account statement. If a member believes the correct amount of Points for eligible charges was not received, member must submit a written request for a Points adjustment to Customer Care, together with a legible copy of the member’s receipt, and member’s name, account number, mailing address, email address, and daytime telephone number. Failure to supply the adequate and unaltered documentation may result in denial of such Point credit. Requests must be received by BuzzBallz within three (3) months from the date the eligible charges were incurred to receive consideration. 5. Current employees of BuzzBallz are not eligible to participate in the program as set forth herein.

III. USE OF POINTS

1. Points have no cash value. Their purpose is to provide a means to determine the offers that a member may qualify for, if any, and exchange for swag and the like chosen solely at the discretion of BuzzBallz.

2. Points earned by a member may not be sold, auctioned, bartered, brokered, purchased, or otherwise transferred. Any Points obtained in that manner will be considered to have been fraudulently obtained and deemed void and the membership of any member attempting to affect any such transfer may be terminated.

IV. ACCOUNT MAINTENANCE

1. Account creation is limited to eligible adults, at least 21 years of age, only via www.buzzballz.com.

2. BuzzClub Accounts cannot be combined. If a member creates multiple accounts, it is incumbent upon the member to continue to use his/her preferred account on future purchases. 3. Updating a member’s account information can be done online (referenced from the bottom of your BuzzClub e-mails) or by e-mailing info@buzzballz.com

V. AGREEMENT TO BUZZBALLZ USE OF INFORMATION ABOUT YOU

We process your personal information in accordance with the BuzzBallz privacy policy (the “Privacy Policy”).

In addition, by participating in the program, we may collect additional personal information from you. We may also use and share your personal information in the ways described below, in addition to what is described in the Privacy Policy. These Terms and Conditions supplement the Privacy Policy with respect to our processing of the personal information of program members. If you do not agree with these terms, you must elect not to join the program. Additional personal information that we collect includes information that you provide when you enroll in the program or when you complete your profile online. During in-store enrollments, we require that you provide your phone number and request that you provide name and email address. Additional information may be required when enrolling in other channels. When you manage your profile online, you may have the opportunity to update your preferences for receiving news, offers and information, and to create a User ID and password, among other features. In addition to the uses and sharing described in the Privacy Policy, we may use and share relevant portions of your personal information in order to administer the program. This may include sharing your personal information with our business partners in order to deliver certain program benefits you’ve earned through your participation in the program. By enrolling, you also consent that there may be the transfer of your information to countries where information processing facilities, business operations and facilities are located, including the United States and other countries where data protection laws may differ from those of your home country. To ensure that your personal information is accurate and up-to-date, we may also share your information with a third party for the purpose of updating and enhancing the quality and content of the information we maintain about you. In accordance with our Privacy Policy, we do not re-sell your information. As a member, you may receive additional communications from us. You may change the communications you receive from us by logging onto your account online and managing your subscriptions, or by contacting us in the manner described in the Privacy Policy. We may modify these Terms and Conditions from time to time by posting the revised Terms and Conditions on our website. We may also modify the Privacy Policy from time to time as described in the Privacy Policy. Your continued participation in the program following the posting of changes to these Terms and Conditions, or to the Privacy Policy, will indicate your acceptance of the changes.

VI. CONDITIONS OF PARTICIPATION

Buzzballz provides the program, these and other materials, and other services and products “as-is” and, to the fullest extent permitted by applicable law. Buzzballz expressly disclaims any warranties of any kind, express or implied, including but not limited to warranties or merchantability, fitness for a particular purpose, design, accuracy, capability, sufficiency, suitability, capacity, completeness, or availability. In no event will Buzzballz be liable for the acts or inactions of a third-party, regardless of whether that party provides a service or product as part of the program. You agree that BuzzBallz does not warrant or guarantee that the program or any such other products and services will be uninterrupted, without omissions or error free, or those defects will be corrected, or changes implemented. Should a member be determined, within the sole discretion of Buzzballz, to have been improperly denied a Perk, liability, if any, will be limited to the equivalent value of that Perk as determined solely by Buzzballz. Under no circumstances, including, but not limited to, negligence, shall Buzzballz be liable for any direct, indirect, incidental, special, or consequential damages arising out of the program or any such other products and services even if a Buzzballz authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore such exclusions may not apply to you. In the event BuzzBallz is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by Buzzballz to exercise rights hereunder upon the occurrence of any of the contingencies set forth in these terms will not constitute a waiver of such rights.

Registration Information

By registering, you consent to our periodic notices from us of additional company information, such as notices of updates to this privacy policy or other agreements or terms regarding the use or operation of our site.

Additionally, we may use the information voluntarily submitted by our users to enhance their experience in our site, whether to provide interactive, personalized elements, or future content based on the interests of our users. We do not share personal information about individual users with any third party. Nevertheless, if we sell all or substantially all of our assets relating to our site or all or substantially all of our stock, we will likely share all information, including personal information, with such purchaser. Buzzballz may amend this Privacy Policy at any time by posting the amended policy on the buzzballz.com site, and such amendments will become effective upon posting. If a user has any questions about this policy, or would like to amend or remove their submitted information, we can be contacted as follows: By e-mail at: Info@buzzballz.com By mail at: BuzzBallz, ATTN: BuzzClub, 2114 McDaniel Drive, Carrollton, TX 75006

Regarding the information gathered

We gather two kinds of user information: data that users provide through optional, voluntary registration on our site, and aggregated tracking information derived mainly by tallying page views throughout our site. This information helps us better tailor our content to readers’ needs and understand the demographics of our audience.

While we track user traffic patterns throughout our site, we do not correlate this information with data about individual users. We segment overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from a user’s browser string. While we track the search terms users enter into our search engine, this tracking is never associated with individual users.

No Guarantee of Nondisclosure

We may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access a user’s transmissions or communications. Further, we may disclose any information about a user to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. Therefore, although we use industry standard practices to protect member privacy, we do not promise, and the user should not expect, that the user’s information or communications of any type is guaranteed to remain confidential.