FAN REWARDS PROGRAM TERMS OF SERVICE

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Last Updated September 6, 2024

These These Fan Rewards Program Terms of Service ("Fan Rewards Terms”) apply to your access to and participation in the Fan Rewards Program (“Fan Rewards Program”), which is operated by Funko, LLC or its subsidiaries (“we”, “our” or “us”). .

These Fan Rewards Terms are in addition to, and not in lieu of, your rights and obligations under our Terms of Service (“Terms of Service”). Capitalized terms not defined in the Fan Rewards Terms have the meanings assigned to them in the Terms of Service. To the extent there is a conflict between these Fan Rewards Terms and the Terms of Service, these Fan Rewards Terms will govern such conflict. These Fan Rewards Terms are Supplemental Terms under the Terms of Service, and the Fan Rewards Program is a Service under the Terms of Service.

Please read these Fan Rewards Terms carefully. SUCH TERMS OF SERVICE REQUIRE THAT EXCEPT (I) FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16 OF THE TERMS OF SERVICE, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16 OF THE TERMS OF SERVICE, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND FUNKO WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. By participating in the Fan Rewards Program, you agree to these Fan Rewards Terms and the Terms of Service. If you do not agree to these Fan Rewards Terms and the Terms of Service, do not participate in the Fan Rewards Program.

We reserve the right to change or eliminate the Fan Rewards Program and all or any portion of these Fan Rewards Terms or any policy pertaining to the Fan Rewards Program at any time and in its discretion. We may discontinue or change the benefits of the Fan Rewards Program or merge the Fan Rewards Program with another loyalty or rewards program. If we make changes, we will post the amended Fan Rewards Terms and update the “Last Modified” date above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Fan Rewards Terms will be effective immediately and your continued participation in the Fan Rewards Program after the amended Fan Rewards Terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Fan Rewards Terms, you must stop participating in the Fan Rewards Program.

  1. Fan Rewards Program Overview
     

    The Fan Rewards Program is a free customer loyalty program that allows you to accumulate points (“Fan Rewards Points”) by completing activities or making purchases as specified in Section 5 below. Fan Rewards Points may be redeemed as specified in Section 6 of these Fan Rewards Terms. Fan Rewards Points expire in accordance with Section 8 below.

  2. Eligibility

    a.    Natural Persons Only. Only natural persons may use our Fan Rewards Program, and the Fan Rewards Program is solely for personal, non-commercial use. Corporations, associations, or other groups or legal entities, may not participate in the Fan Rewards Program.  

    b.    Age. Users under 18 years of age (or the age of legal majority where the user lives) may only use our Fan Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Fan Rewards Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Fan Rewards Program. If you are a parent or legal guardian and you believe that your child under the age of 18 is using our Fan Rewards Program without your consent, please contact us at [email protected]. 

    c.    Jurisdiction. You may only enroll in and use the Fan Rewards Program in jurisdictions authorized by us. Enrollment in and use of the Fan Rewards Program is currently authorized only in the United States (as defined in the Terms of Service).

  3. You Information

    To enroll in the Fan Rewards Program, you must create or have an account with us and register for the Fan Rewards Program on our website at https://www.funko.com/fanrewards. Once enrolled in the Fan Rewards Program, you can view and manage your Fan Rewards Points through your account with us. For more information regarding your account and restrictions applicable to your account, please see our Terms of Service [insert link].

  4. Joining the Fan Rewards Program
     

    To enroll in the Fan Rewards Program, you must create or have an account with us and register for the Fan Rewards Program on our website at https://www.funko.com/fanrewards. Once enrolled in the Fan Rewards Program, you can view and manage your Fan Rewards Points through your account with us. For more information regarding your account and restrictions applicable to your account, please see our Terms of Service.

  5. Earning Fan Rewards Points

    You can start earning Fan Rewards Points once you have enrolled in the Fan Rewards Program by participating in qualifying promotional activities or other opportunities that we may offer from time to time. Rewards points for participation in promotional activities will be awarded as described in the applicable promotional offer.  Once you have enrolled in the Fan Rewards Program, you may also be able to earn points by making qualifying purchases through our Services. Rewards points for purchases will be awarded as described in the checkout process for the applicable purchase. Certain exclusions apply, as further described below.

    Generally, rewards points will be added to your account within 24 hours of the occurrence of the applicable promotional activity or purchase, unless an exclusion set forth below applies.

    EXCLUSIONS. Rewards Points can only be earned for qualifying promotional activities that you have personally undertaken or qualifying purchases that you have personally made, unless otherwise indicated in writing by us. If you are under 18 years of age (or the age of legal majority where you live), may only engage in promotional activities and make qualifying purchases under the supervision of a parent or legal guardian who agrees to be bound by these Fan Rewards Terms. You cannot earn rewards points on purchases of gift cards, tax, gratuities, promotional discounts, purchases made by redeeming your rewards, and other items as we may decide from time to time. Points will not be awarded on fraudulent, returned, refunded, or canceled promotional activities or purchases. If a promotional activity that earned you Fan Rewards Points is cancelled or you do not attend such promotional activity, of if you return or obtain a refund for an item that earned you Fan Rewards Points, any Fan Rewards Points you accrued and that were added to your Fan Rewards Points balance from the applicable promotional activity or purchase will automatically be deducted from your Fan Rewards Points balance and removed from your account. Points accumulated under the Fan Rewards Program are promotional and have no cash value. Fan Rewards Points may only be earned as stated in this Section 5 and may not be purchased. Qualifying promotional offers and purchases may be subject to any additional terms. Please review the terms applicable to each qualifying promotional offer and purchase, as well as our Privacy Policy. If the terms for a qualifying promotional offer or purchase conflict with these Fan Rewards Terms, the terms for the particular promotion offer will govern.

    We reserve the right to modify, amend, or revise the promotional activities and purchases for which you can earn Fan Rewards Points. Any qualifying promotional offer or purchase may be withdrawn, and restrictions on any Fan Rewards Points are subject to change. We may also change the expiration date of points that may be earned under the Fan Rewards Program or adjust how Fan Rewards Points are earned or calculated. 

  6. Using or Rdeeming Fan Rewards Points

    Fan Rewards Points may be used and redeemed for items or for promotional activities or other opportunities that we may offer from time to time (“Fan Rewards”). There may be a limited number of a particular Fan Reward available, and those Fan Rewards will be delivered on a first-come, first-served basis. Certain use restrictions apply, as further described below.

    USE RESTRICTIONS. If you are under 18 years of age (or the age of legal majority where you live), may only engage in promotional activities under the supervision of a parent or legal guardian who agrees to be bound by these Fan Rewards Terms. Fan Rewards and Fan Rewards Points are non-transferrable, non-assignable, and may not be shared, sold, or used for any commercial purpose. Fan Rewards Points cannot be used or redeemed on previous orders. It is also not possible to use or redeem Fan Rewards Points during the same transaction in which they were earned unless specifically indicated by us in writing. You are responsible for any taxes related to any Fan Reward that is an item that you purchase with Fan Rewards Points. Fan Rewards may have certain restrictions including expiration dates and short, time-limited redemption periods and may be governed by terms that are in addition to these Fan Rewards Terms. Please review the terms applicable to each Fan Reward, as well as our Privacy Policy. If the terms for a particular Fan Reward conflict with these Fan Rewards Terms, the applicable Fan Rewards terms will govern.

    We reserve the right to modify, amend, or revise the Fan Rewards available. The number of Fan Rewards Points required to redeem any Fan Reward may be substantially increased, any Fan Reward may be withdrawn, and restrictions on any Fan Reward or its redemption may be imposed by us or our designee, or the third-party business partner supplying the Fan Reward.  Such restrictions are subject to change. We also reserve the right to substitute Fan Rewards of comparable or greater value if any redeemed Fan Reward becomes unavailable for any reason. Fan Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Fan Rewards Program materials are for illustrative purposes only. The actual Fan Reward may vary from the Fan Reward pictured.

  7. Returns, Cancellations, and No-Shows

    You may not return or obtain a refund for an item that you purchased in whole or in part using or by redeeming Fan Rewards Points.

    If you use or redeem Fan Rewards Points for a promotional activity which is cancelled by us, any Fan Rewards Points that were deducted from your Fan Rewards Points balance for the applicable promotional activity will automatically be added back to your Fan Rewards Points balance. However, if you do not attend a promotional event for which you used or redeemed Fan Rewards Points, any Fan Rewards Points that were deducted from your Fan Rewards Points balance for the applicable promotional activity will NOT be added back to your Fan Rewards Points balance.

  8. Fan Rewards Points Expiration

    TO THE EXTENT YOU DO NOT EARN OR REDEEM ANY FAN REWARDS POINTS FOR A PERIOD OF ONE (1) YEAR, ALL OF YOUR UNUSED FAN REWARDS POINTS WILL EXPIRE. EXPIRED FAN REWARDS POINTS ARE DEDUCTED FROM YOUR FAN REWARDS POINTS BALANCE AND REMOVED FROM YOUR FAN REWARDS ACCOUNT.

    Also, see Section 9 of these Fan Rewards Terms for information about the impact a suspension or termination of your enrollment in the Fan Rewards Program will have on your Fan Rewards Points.

  9. Termination and Suspension

    We reserve the right to suspend or terminate your enrollment in the Fan Rewards Program, with or without notice, if we determine in our sole discretion that you have violated these Fan Rewards Terms or our Terms of Service or that your enrollment in the Fan Rewards Program is unauthorized, deceptive, fraudulent, or otherwise unlawful.

    You may also terminate or cancel your enrollment in the Fan Rewards Program at any time by contacting us in accordance with Section 12 below.

    If your enrollment in the Fan Rewards Program is suspended or terminated for any other reason, it will result in the suspension or termination of your ability to participate in the Fan Rewards Program. If your participation in the Fan Rewards Program is terminated, you will not be able to redeem any accumulated Fan Rewards Points and your Fan Rewards Points will be deleted from your account.

  10. Dispute Resolution

    For any dispute or claim that you have against Funko, that Funko has against you or that you have, or Funko has, in each case relating in any way to these Fan Rewards Terms or the Fan Rewards Program, or any aspect of the relationship between you and Funko as relates to these Fan Rewards Terms or the Fan Rewards Program (collectively, “Rewards Claims” and each a “Rewards Claim”), you and Funko agree to resolve the Rewards Claim in accordance with Section 16 of the Terms of Service.

    PLEASE READ SECTION 16 OF THE TERMS OF SERVICE CAREFULLY BECAUSE IT REQUIRES YOU AND FUNKO TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND FUNKO FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND FUNKO AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. FUNKO AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

  11. Governing Law
     

    Any Rewards Claims will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Rewards Claim is not subject to arbitration pursuant to Section 10, then the state and federal courts located in Kings County, Washington, will have exclusive jurisdiction. You and Funko waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

  12. Contact Us

    If you have a question or complaint regarding the Fan Rewards Program, please send an email to [email protected]. You may also contact us by writing to Funko, LLC, Attn: Funko Fan Rewards, 2802 Wetmore Avenue Everett, WA 98201. .