• Home
  • About Us
  • Program
  • Member

Terms of Service

#49 BAM Racing VIP Fan Experience
Terms of Service (TOS)
  1. VIP Membership

    VIP Membership is initiated upon an individual's completion of the digital online membership form and payment of the annual VIP Membership fee, at which time the individual becomes an official member in the VIP Fan Experience Program ("VIP Member"). VIP Member privileges and access occurs immediately upon completion of both of the aforementioned requirements and continues for one full year unless otherwise specified.
  2. VIP Bonuses

    BAM will be providing VIP Bonuses to VIP Members that have paid their VIP Fan Experience membership fees. All VIP Bonuses listed and described herein are subject to change without notice. All VIP Bonuses and communication will be provided to VIP Member through the secure VIP Member Webpage ("Website") provided at http://www.vipfanexperience.com.
    1. VIP Visibility: The VIP Fan Experience showcases VIP's at every opportunity possible including, but not limited to, their name on the #49 Sprint Cup race car and on Websites related to the VIP Fan Experience.
    2. VIP Access: The VIP Fan Experience provides the VIP Member behind the scenes "Insider" type access via video, audio, and print materials.
    3. VIP Opportunities: VIP Members have various opportunities exclusive to VIP Members to become VIP guests of the #49 Team at Sprint Cup races and guests of Warner Music Nashville at concerts and music video shoots.
    4. VIP Perks: VIP Members also receive a host of additional perks, including, but not limited to: a Personal VIP Website, an Official VIP Member Certificate, product discounts, autographed photos, advance ticket and CD sales, prizes, give-aways, newsletter, and ring tones.

      BAM retains all of the intellectual property ownership rights to all VIP Bonuses, including the delivery mechanisms for each.
  3. Acceptance of Terms

    BAM will be providing the above VIP Bonuses to the VIP Members subject to the following Terms of Service ("TOS"), which may be updated by BAM from time to time without notice to VIP Members. VIP Members can review the most current version of the TOS at any time on VIP Member's VIP Website.
  4. Description of VIP Bonuses

    Unless explicitly stated otherwise, any new features that augment or enhance the current VIP Bonuses shall be subject to the TOS. VIP Member understands and agrees that the VIP Bonuses are provided "AS-IS" and that BAM assumes no responsibility for the failure to properly use the VIP Bonuses. VIP Member is responsible for obtaining its own method for accessing and using the VIP Bonuses, and that access may involve third-party fees (such as Internet service provider access). VIP Member is responsible for these Internet access fees, including any additional fees associated with the advertising and promotion of the Video, Sweepstakes and Website. In addition, VIP Member must provide and is responsible for all equipment necessary to use and access the Service.
  5. Certificate

    VIP Member will receive an Official VIP Member Certificate verifying their position as a VIP Member. The Certificate may be used by VIP Member in validating their VIP's Membership. Altering the Certificate in any manner is strictly prohibited. VIP Member is strictly prohibited from making any false or misleading statements or representations with regard to the Certificate. VIP Member must use the Certificate in a responsible manner.
  6. Website Use

    Upon subscribing, VIP Member will have immediate access to their personal VIP Website at www.VIPFanExperience.com . VIP Member understands and agrees their VIP Website is restricted to their personal use and that sharing access with others is strictly prohibited.
  7. Request For Proposal (RFP)

    BAM will be providing VIP Members opportunities to experience various aspects of NASCAR racing and Country Music from the inside through closed RFPs only available to VIP Members. VIP Member must complete the RFP digital form provided on VIP Member's VIP Website and read and agree to the details, rules and eligibility requirements for the closed RFP found in Addendum I of this TOS Agreement. The VIP Member or Members for each opportunity will be chosen by BAM and at BAM's sole discretion. Transportation to and from the race event is not included unless otherwise stated.
  8. Privacy Policy

    Registration Data and certain other information about VIP Member is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.VIPFanExperience.coma and http://www.UltimateVIPs.com . VIP Member understands that through membership in the VIP Fan Experience, VIP Member consents to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by BAM and its affiliates.
  9. Member Account, Password, and Security

    Upon completing the registration process, VIP Member will receive a password and account information. VIP Member is responsible for maintaining the confidentiality of its password and account. In addition, VIP Member is fully responsible for all activities that occur under its password or account; and VIP Member agrees to immediately notify BAM of any unauthorized use of VIP Member's password or account or any other breach of security. BAM cannot and will not be liable for any loss or damage arising from VIP Member's failure to comply with this Section.
  10. Resale of Service

    VIP Member agrees not to reproduce, copy, sell, resell, duplicate, trade or otherwise exploit for any commercial or non-commercial purposes any portion of the VIP Bonuses (including password and account information), use of the Membership, or access to the VIP Bonuses or VIP Website.
  11. Modifications of Service

    BAM reserves the right at any time to modify or discontinue, temporarily or permanently, the VIP Bonuses (or any part thereof) with or without notice. VIP Member acknowledges that the VIP Bonuses are subject to the approval of NASCAR, Warner Music Nashville, and Federal and State laws. VIP Member agrees that BAM shall not be liable to VIP Member or to any third party for any modification, suspension or discontinuance of any of the VIP Bonuses for any reasons.
  12. Termination

    VIP Member agrees that under certain circumstances and without prior notice BAM may immediately terminate VIP Member's account, any associated Websites, and use and access to the VIP Bonuses. Cause for such termination shall include, but is not be limited to, requests by law enforcement or other government agencies, request of NASCAR, request of Warner Music Nashville, breaches, violations of the TOS or other incorporated agreements or guidelines, a request by VIP Member (self-initiated account deletions), unexpected technical or security issues or problems, engagement by VIP Member in fraudulent or illegal activities, and/or nonpayment of any fees owed by VIP Member in connection with the VIP Bonuses. Termination of VIP Member's account includes removal of access to all offerings within the VIP Bonuses, including, but not limited to the deletion of VIP Member's password and all related information, files and content associated with or inside VIP Member's account (or any part thereof), and barring further use of the VIP Bonuses. Further, VIP Member agrees that all terminations for cause shall be made in BAM's sole discretion and that BAM shall not be liable to VIP Member or any third party for any termination of VIP Member's account or access to the VIP Bonuses.
  13. Third Party Relationships

    VIP Member's relationships, correspondence, dealings or participation with any third party found through our VIP Bonuses are VIP Member's sole responsibility. Any terms, conditions, warranties or representations associated with such dealings are solely between VIP Member and the third party. VIP Member agrees that BAM or any of their associates in the VIP Fan Experience program shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of any third party found through the VIP Bonuses.
  14. BAM's Proprietary Rights

    VIP Member acknowledges and agrees that the VIP Bonuses and any necessary software used in connection with the VIP Bonuses contain proprietary and confidential information that is protected by applicable intellectual property and other laws. VIP Member further acknowledges and agrees that Content contained in the VIP Bonuses or information presented to VIP Member through the VIP Bonuses is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by BAM, VIP Member agrees not to modify, lease, loan, sell, distribute or create derivative works based on the VIP Bonuses, in whole or in part. BAM grants VIP Member a personal, non-transferable and non-exclusive right and license to use the VIP Bonuses provided that VIP Member does not (and donot allow any third party to) copy, modify, or create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense or grant a security interest in or otherwise transfer any right in the VIP Bonuses. VIP Member agrees not to modify the VIP Bonuses in any manner or form, or to use modified versions of the VIP Bonuses, including (without limitation) for the purpose of obtaining unauthorized access to the VIP Bonuses. VIP Member agrees not to access the VIP Bonuses by any means other than through the means provided by BAM for use in accessing the VIP Bonuses.
  15. Disclaimer of Warranties

    VIP Member expressly understands and agrees that its use of the VIP Bonuses is at VIP Member's sole risk. The VIP Bonuses are provided on an "AS IS" and "as available" basis. BAM and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind for its VIP Bonuses, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BAM and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet VIP Member's requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, VIP Bonuses, information or other material purchased or obtained by VIP Member through use of the VIP Bonuses will meet VIP Member's expectations; and (v) any errors in the software will be corrected. Any material otherwise obtained through the use of the VIP Bonuses is accessed at VIP Member's own discretion and risk, and VIP Member will be solely responsible for any damage to VIP Member's computer system or loss of data that results from the downloading of any such material. No advice or information, whether oral or written, obtained by VIP Member from BAM or through or from the VIP Bonuses shall create any warranty not expressly stated in the TOS.
  16. Governing Law and Venue

    This Agreement and the parties' rights and obligations shall be interpreted in accordance with the law of the State of North Carolina. Any and all disputes, claims or controversy arising between the parties and arising out of or related to the subject matter of this Agreement shall be resolved in the state or federal courts located in Mecklenburg County, North Carolina.
  17. Entire Agreement

    This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof, and supercedes all prior and contemporaneous agreements or communications, written or oral, with respect to such subject matter hereof. No waiver, modification or amendment to this Agreement shall be valid unless in writing signed by both parties hereto.
  18. Acceptance

    By checking the acceptance box on this order form, you signify that you have read and accept this Agreement. Your electronic acceptance on our web site of this Agreement constitutes a legally binding acceptance of this Agreement. The electronic acceptance of this Agreement shall have the same force and effect as if this Agreement was physically signed.
ADDENDUM I

Request For Proposal (RFP)
  1. RFP Purpose

    The purpose of the RFP is to assist in choosing suitable VIP's ("VIP Ambassadors") to represent the VIP Fan Experience at various NASCAR Sprint Cup races and Country Music events. The presence of VIP Ambassadors at each event ("Opportunity") will serve to promote the VIP Fan Experience through one-on-one contacts with potential members, through media coverage of their attendance, and through promotion of their attendance and experiences online and offline by BAM. BAM will use the RFPs submitted for each Opportunity to make their choice. The VIPs chosen will be at BAM's sole discretion.
  2. Technical or Contractual Contact

    Any questions concerning technical specifications or requirements and contractual terms and conditions or proposal format must be directed to: VIPRFP@VIPFanExperience.com
  3. Due Dates

    A written confirmation of the VIP Member's request to be considered in each specific RFP Opportunity is required by 12:00 PM EST on the date indicated on the digital RFP form for each RFP Opportunity. If date indicated shows To Be Announced ("TBA"), RFPs are still being accepted. When a TBA date is determined, the change will be posted on the digital RFP form a minimum of one (1) week prior to the close of the RFP for that particular Opportunity.
  4. RFP Opportunities

    RFP Opportunities include, but may not be limited to:
    • All-Access Race Weekend for Two: Ten (10) All-Access Race Weekends for Two RFPs will be chosen one per month starting February 1st, 2010, through November 1st, 2010. Each All-Access Race Weekend for Two will include: airfare, lodging, day use of the owner's motorcoach, meals at the track with the team, VIP seating at the #49 transporter in the Sprint Cup Garage, joining the #49 team for pre-race activities, watch race from atop the team's pit box with team owner, photograph session with team owner and driver, photo on VIP website for the balance of the year.
    • Race Tickets w/Owner & Driver Meet & Greet: Periodically throughout the 2010 NASCAR Sprint Cup Season, VIPs will be given race tickets to a race of their choice. The VIP(s) chosen to receive the tickets will also have a VIP meet and greet session with the team owner and driver.
    • Concert Tickets w/Artist Meet & Greet: Periodically throughout 2010, VIPs will be given concert tickets. The VIP(s) chosen to receive the tickets will also have a VIP meet and greet session with the artist(s) performing.
    • Guest at After Party: Periodically, and when and if the Opportunities arise, throughout 2010, VIPs will be invited to concert and event after parties. The VIP(s) chosen to receive the invitation(s) will also have a VIP meet and greet session with the artist(s) involved with the VIP Fan Experience.
    • Guest at Music Video Shoot: Periodically throughout 2010, VIPs will be invited to be a VIP guest at a music video shoot. The VIP(s) chosen to receive the invitation(s) will also have a VIP meet and greet session with the artist(s) doing the music video.
  5. Proposal Submission

    Award of each VIP Ambassadorship resulting from the RFP will be based upon the most responsive VIP Member whose reason to be chosen ("Offer") will be most advantageous to BAM in terms of the factors as specified elsewhere in this RFP.

    BAM Reserves the right to:
    • Reject any or all Offers and discontinue this RFP process without obligation or liability to any potential VIP Ambassador;
    • Award of VIP Ambassadorships on the basis of initial offers received, without discussions or requests for additional or revised Offers; and
    • Award more than one VIP Ambassadorship per opportunity as BAM sees fit.

    Each VIP Member's proposal for each Opportunity shall be submitted solely by using the digital RFP form provided for each Opportunity in the VIP Opportunity section of their VIP Website.

    In order to address the needs of this procurement, BAM encourages VIP Members to be creative and truthful in presenting reasons as to why they should be chosen to represent the VIP Fan Experience at the designated event.

    Each VIP Member's proposal in response to each RFP will be considered by BAM. VIP Members are free to update their proposals anytime before the particular RFP's deadline.
  6. Criteria

    Any award to be made pursuant to this RFP will be based upon the proposal with appropriate consideration given to suitability of the VIP proposal with regard to representing the VIP Fan Experience at the Opportunity specified.

    The following elements will be primary consideration in evaluating all submitted proposals:
    • Must be submitted by a VIP Member;
    • Completion of all required responses in the correct format;
    • The extent to which the VIP Member's proposal fulfills BAM's stated requirements for each Opportunity as set out in this RFP and on the digital form for each particular Opportunity.

    BAM may, at their discretion and without explanation to the prospective VIP Ambassador, at any time choose to discontinue this RFP without obligation to such prospective VIP Ambassadors.
  7. Availability

    If a VIP Member is chosen who is not available for the event, BAM has the right to choose another RFP for that event; and BAM has no obligation to compensate the original VIP Member chosen in any manner. Such reselection shall not affect the status of the original VIP Member's other RFPs.
  8. Transferability

    When a RFP is awarded, it is nontransferable unless approved by BAM. An RFP award can only be transferred to another qualified VIP Member or an immediate family member of the VIP Member who received the RFP award. The decision regarding a transfer is at BAM's sole discretion.
  9. Disclaimer of Warranties

    VIP Member expressly understands and agrees that its use or attendance at any RFP Opportunity is at VIP Member's sole risk. The VIP Opportunities are provided on an "as available" basis. BAM and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind for its VIP RFP Opportunity, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BAM and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Opportunity will meet VIP Member's expectations; (ii) the Opportunity will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the Opportunity will be accurate or reliable; (iv) the quality of any products, information, or other material purchased or obtained by VIP Member through participation in the VIP Opportunity will meet VIP Member's expectations. Any additional opportunities otherwise obtained through a VIP RFP Opportunity is accessed or engaged in at VIP Member's own discretion and risk, and VIP Member will be solely responsible for any damage or harm to VIP Member or guest. No advice or information, whether oral or written, obtained by VIP Member from BAM or through or from the VIP RFP Opportunities shall create any warranty not expressly stated in the RFP.
Hear
Daytona-Sweepstakes
Become A Member
Perfect Gift
As Seen On
As Seen On
© Copyright VIP Fan Experience | Terms of Service | Return Policy
Patent Pending Technology | All Rights Reserved
11881 Vance Davis Drive | Charlotte, NC 28269
IMPORTANT: VIP Visibility, Access, Opportunity, and Perks subject to change.
*VIP photos on the #49 car available only to "Founders" signing up while Founder positions are available. VIP pictures tshown on jumbo screens trackside will be chosen at random.