TERMS AND CONDITIONS
CLUB WARNERTV

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

DEFINITIONS

For the purpose of these terms and conditions (“Terms”) the following words shall have the following meaning:

Catalogue: Any Warner Product purchased outside of the New Release window for such product (i.e. more than 8 weeks after the homevideo release date of such product in the United Kingdom).

Club WarnerTV: The online club made available by Warner via the Website which allows Members to participate in the Loyalty Programme, receive product information and participate in competitions.

Loyalty Programme: The loyalty programme created for the benefit of Members allowing them to benefit by way of rewards offered in exchange for, amongst other things, their purchase of Warner Products.

Member: Any Warner customer that validly registers on the Website as a member of Club WarnerTV.

New Release: Any Warner Product purchased within 8 weeks of the homevideo release date of such product in the United Kingdom.

Premium: Warner Products or any other Warner or third party products offered to Members from time to time on the Website in exchange for points collected under the Loyalty Programme.

Terms: These terms which govern Club WarnerTV.

Territory: The United Kingdom (i.e. England, Scotland, Wales, Northern Ireland, Channel Islands, Gibraltar and the Isle of Man).

Warner: Warner Bros. Entertainment UK Limited of 98 Theobald’s Road, London, WC1X 8WB, United Kingdom.

Warner Digital Episode: An episode of a WarnerTV Programme made available by Warner in digital format by way of Electronic Sell-Through on the iTunes platform in the Territory.

Warner Digital Series: A series of a WarnerTV Programme made available by Warner in digital format by way of Electronic Sell-Through on the iTunes platform in the Territory.

Warner Products: WarnerTV DVDs, Warner Digital Series and Warner Digital Episodes.

WarnerTV Programme: Any made-for-television programme made available by Warner in the Territory, a list of which is published on the Website under the heading “All shows”.

WarnerTV DVD: All WarnerTV Programmes made available by Warner on DVD in the Territory. This excludes any HBO products distributed by Warner which are expressly excluded from the Loyalty Programme.

Website: The website available at www.warnertv.com.

1. PURPOSE

1.1 Club WarnerTV is an online club and community initiated by Warner for the benefit of its customers. Club WarnerTV is designed to help Warner better understand its customers interests and to also reward customers who buy Warner Products with exclusive content, offers, competitions and Premiums through the Loyalty Programme.

1.2 Members are entitled to accumulate points as part of the Loyalty Programme in accordance with the following predefined point system:

ACTIVITY POINTS
Register with Club WarnerTV 500
Complete Club WarnerTV profile and upload an avatar 500
Validate a purchase – New Release Warner Product 500
Validate a purchase – New Release Warner Digital Series 500
Bonus for validating a New Release Warner Product purchase during the first week of its release in the Territory 1,000
Validate a purchase – Catalogue Warner Product 50
Validate a purchase – Catalogue Warner Digital Series 50
Validate a purchase – New Release Warner Digital Episode 10
Validate a purchase - Catalogue Warner Digital Episode 1

2. JOINING CLUB WarnerTV

2.1 There is no charge for membership, however Club WarnerTV is only available via the Website. Warner is not responsible for providing you with means of accessing the Internet and all applicable connection and/or access fees are your responsibility.

2.2 Membership to Club WarnerTV is open to anybody who (i) is 15 years of age or over, (ii) permanently lives in the Territory, (iii) has a personal e-mail address, and (iv) has Internet access. To redeem points for the purchase of WarnerTV DVDs in the Loyalty Programme, you must also have access to a computer which has a DVD drive and access to the Internet, as explained below. Access to the Internet will also be required to redeem points for the purchase of Warner Digital Series and Warner Digital Episodes.

2.3 Employees of Warner and its subsidiaries, agents, affiliates, representatives and any other person assisting with the administration of Club WarnerTV and the immediate families of such people are not eligible to become Members.

2.4 Only individuals (who are acting as a consumer and not a business) are eligible to become Members.

2.5 Only one registration is permitted per person, regardless of how many e-mail addresses a person may hold.

2.6 Warner reserves the right to refuse membership to a person who does not fulfil the requirements set out in these Terms and to request verification of a Member’s personal account information at any time.

2.7 To join Club WarnerTV, you must fulfil the requirements set out above and complete a registration form available on the Website. You will be sent an e-mail to your e-mail address following registration requesting activation of your membership.

2.8 You can change details of your name, address, e-mail address or other information required for the purpose of registration at any time by accessing your personal account details via the Website. Warner may request verification of any such change. You promise that all information provided is correct and you should ensure that it is kept up-to-date. Warner cannot be responsible for problems arising from any incorrect, incomplete or out-of-date information it holds on you.

3. PERSONAL ACCOUNT

3.1 On becoming a Member you will receive a personal account which you can access at any time via the Website. You will need to create a username and a password at the time of registration. You must enter your username and password on the Website to access your personal account.

3.2 Your personal account will show your membership status and points earned to date.

3.3 Your personal account is for your personal use only.

4. CLAIMING POINTS

4.1 You may only claim points associated with a lawfully purchased or obtained Warner Product for which you meet any minimum age or other requirements.

4.2 Every Warner Product is encoded with a special unique identifier. To claim points for a Warner Product, you must log-in to your personal account, click on the “Add to Collection +” button on the “Visit Your Hub” page of the Website and following the instructions. Once the unique identifier of the Warner Product has been recognised, your personal account shall be automatically updated by the addition of the relevant points.

4.3 In the event your computer does not recognise a unique identifier for a Warner Product, please notify Club WarnerTV by submitting an e-mail directly to Tech Support at support@pushentertainment.com.

4.4 In the event Tech Support cannot solve the problem of your computer not recognising a unique identifier for your Warner Product, you may request the registration of points by sending to Push Entertainment, PO Box 3758, Bath, BA1 7WW, at your cost, a completed Request for Points form (available at http://www.pushentertainment.com/info/whv/WHV_Request_for_Points_form.pdf) together with (i) for a WarnerTV DVD, photocopies of the sleeve (front and back) and the disc itself, and (ii) for a Warner Digital Series or Warner Digital Episode, a copy of the iTunes receipt for the relevant transaction. Such request must be made within 3 months of the date on which you originally contacted Tech Support about the problem. If this verification process proves to Warner’s reasonable satisfaction that your claim is justified, the points will be credited to your personal account. In this case, the date of registration of points to your personal account will be the date on which the documentation described above was verified by Warner.

4.5 A Warner Product may only be used once to credit points to the Loyalty Programme.

4.6 Warner reserves the right to demand at any time verification of the accumulation of unique identifiers and points by asking you to provide photocopies of the respective sleeves (front and back) and discs or copies of the relevant iTunes receipt (as applicable). If you do not provide verification within 28 days of such a request by Warner, Warner may determine that you have forfeited the points claimed.

4.7 Warner reserves the right to debit your personal account by any points which have been erroneously or fraudulently awarded on the provision of written notice to you.

4.8 Warner reserves the right to credit your personal account as a result of special promotions of which you have been informed, and which may be conditional on your participation, geographical location, purchase frequency and/or purchase volume.

4.9 Subject to these Terms, all points awarded as part of the Loyalty Programme are valid for the duration of your membership.

4.10 Points which you collect as part of the Loyalty Programme are non-transferable, cannot be converted into cash or reimbursed in kind (except for Premiums as specifically stated in these Terms).

5. MEMBERSHIP LEVEL

5.1 Club WarnerTV has three levels of membership – Fan, Star & Megastar.

5.2 Your membership level is determined based on the number of points you have earned to date as part of the Loyalty Programme. The points required for each membership level are as follows:

POINTS EARNED MEMBERSHIP LEVEL
500 – 4,999 Fan
5,000 – 49,999 Star
50,000 and above Megastar

5.3 Membership levels do not entitle a Member to any additional privileges or rewards.

6. GRANT OF PREMIUMS

6.1 A list of available Premiums shall be posted on the Website, together with the number of points required for each Premium. This list may be updated by Warner from time to time.

6.2 Once you have acquired a sufficient number of points to redeem a Premium, you can request that Premium by visiting the “Redeem Your Points” page of your personal account and following the instructions provided. All Premium requests are subject to availability and Warner makes no guarantee that a listed Premium will be available at the time you request it or any time after that.

6.3 Where a Premium is age-restricted, you may only request that Premium if you meet the relevant age requirement. Warner reserves the right to refuse your request if it has reason to believe that you do not meet that requirement.

6.4 On the date on which your Premium request is accepted by Warner, your personal account shall be debited by the number of points corresponding to the relevant Premium.

6.5 You acknowledge that there may be a delay, due to technical difficulties, in debiting your personal account.

6.6 Warner cannot be responsible for you not receiving a Premium on account of any information held on your personal account which is inaccurate or out-of-date. Proof of entering information on the Website does not constitute proof of delivery to Warner or receipt of such information by Warner. Warner shall not be held liable if a Premium, is lost, damaged or destroyed in the postal service through no fault of Warner.

6.7 Warner reserves the right to substitute a Premium of like value in the event that a Premium is unavailable for any reason whatsoever. If you decide not to accept the substitution, you may return it, unopened, at Warner's expense, to Warner within 30 days of delivery and Warner will re-credit your account with the points that you redeemed for that Premium.

6.8 You are solely responsible for the use of a Premium supplied to you as part of the Loyalty Programme, whether used by you or anybody else. You may only use the Premium in a private home or on a portable playing device. Any commercial or professional (including for-profit) exploitation or use of a Premium is expressly forbidden.

6.9 If Warner has wrongly withheld or failed to deliver for any reason whatsoever a Premium to which you are entitled, the liability of Warner shall be limited to loss which was foreseeable to both you and Warner at the time Warner accepted the request for that Premium.

6.10 Warner will compensate you for any loss or damage you may suffer if Warner fails to carry out its obligations under these Terms to a reasonable standard or breaches any duties imposed on it by law (including if Warner causes death or personal injury by its negligence) unless that failure is attributed to (i) your own fault; (ii) a third party unconnected with Warner’s performance of these Terms (for instance problems due to communications network performance, congestion, and connectivity or the performance of your computer equipment); or (iii) any other events which neither Warner nor its suppliers could have foreseen or forestalled even if Warner or they had taken reasonable care.

7. SUPSENSION OF MEMBERS

7.1 Warner reserves the right to temporarily or permanently suspend your membership of Club WarnerTV if you (i) are involved in interfering or tampering with the conduct of the Loyalty Programme in any way (this includes, without limitation, the fraudulent or unauthorized acquisition of points, failure to comply with the Terms, false or abusive use of information provided to Warner), or (ii) fail to provide, upon request by Warner, any verification materials requested by Warner within the timeframe prescribed in these Terms. Any suspension of your membership of Club WarnerTV may result in the loss of any points you have collected and any Premiums you have claimed.

7.2 Warner may close any personal account which has been inactive for a consecutive period of 12 months provided that Warner gives the relevant Member at least one month’s written notice of any such closure.

8. CANCELLATION OF MEMBERSHIP

8.1 You may cancel your membership of Club WarnerTV by visiting the “Delete Your Account” page of your personal account and following the instructions provided.

8.2 If you cancel your membership to Club WarnerTV, you will lose of all accumulated points from the date of termination of your personal account.

9. MODIFICATION, CANCELLATION, TERMINATION OR SUSPENSION OF CLUB WarnerTV OR THE LOYALTY PROGRAMME

9.1 Warner may at any time modify Club WarnerTV or the Loyalty Programme (including, but not limited to the Terms, the value of unique identifiers, the validity of points, how Premiums are awarded, the point system), provided that Warner gives Members at least 7 days written notice of any such modification to Members’ e-mail registered e-mail account together with the right to cancel their membership to Club WarnerTV. A notification of any such modifications will also be posted on the Website.

9.2 Warner reserves the right to cancel, terminate or suspend Club WarnerTV or the Loyalty Programme at any time; provided that that it has given Members 30 days’ prior written notice of such cancellation, termination or suspension. In the event that the Loyalty Programme is so cancelled, terminated or suspended, you may not collect any further points as of the effective date of cancellation, termination or suspension of the Loyalty Programme. Within 3 months of that date you must request any Premiums for points already collected. After those 3 months, no further Premium requests will be accepted.

10. PRIVACY

10.1 In order to register as a Member, you will be required to supply certain personal information. Personal data from entries will be collected and used by Warner and its agents for the purpose of conducting and administering Club WarnerTV, including the Loyalty Programme. By registering with Club WarnerTV, you expressly consent to the use of your personal data as described in accordance with these Terms and Warner’s Privacy Policy (which can be found at http://wwws.ww.warnerbros.com/portal_uk/#/privacy) and agree that Warner may use this data, or disclose it to other organisations that may use it, for such purposes without any further reference, payment or consent. Such information may also be used by Warner in relation to the general marketing of its products and services, including via e-mail or to your personal account, if you have expressly consented to such use of their personal data. You acknowledge and agree that all or part of your personal data may be transferred to a third party providing data processing services for the Loyalty Programme and/or to any affiliated company of Warner (this may include the transfer to and/or processing of such data in the United States of America) for use in accordance with such purposes as may be determined by Club WarnerTV and any consent provided by you at the time of registration.

10.2 Such information will, at a minimum, be stored during your membership period, unless you specifically request otherwise. In accordance with applicable law, you are entitled to access your personal data and may correct such data from time by to time yourself on the Website.

11. GENERAL

11.1 By registering with Club WarnerTV, you are deemed to have read, understood and accepted these Terms, the Website Terms of Use and Warner’s Privacy Policy.

11.2 These Terms shall be governed by the relevant United Kingdom law and any enforcement proceedings shall be brought in the relevant courts of the United Kingdom.