Terms & Conditions for BAM! Augmented Media

Last updated: September 22, 2025

These Terms & Conditions (“Terms”) govern your use of the BAM! mobile application and its related App Clips (the “App”). The App is owned and operated by SwiftKick Mobile, LLC (“Platform Owner,” “we,” or “us”). By using the App, you agree to these Terms. If you do not agree, you must not use the App.

1. Definitions

• Platform Owner: SwiftKick Mobile, LLC, which owns and operates the App and underlying technology.
• Sponsor: A brand, company, or organization that promotes its products, services, or brand through an AR experience within the App. The Platform Owner may also act as a Sponsor for certain experiences.
• Experience: An augmented reality (AR) interaction within the App, such as the “Prize Cannon.”
• Giveaway: Any prize, reward, or promotion offered by a Sponsor through an Experience.

2. Ownership and License

The App, including all software, AR technology, and branding associated with BAM!, is owned by the Platform Owner. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

3. Experiences and Giveaways

• Platform Role: The Platform Owner provides the technology platform that enables AR experiences and giveaways but does not sponsor or fulfill giveaways unless expressly acting as a Sponsor.
• Sponsor Role: Each Sponsor is solely responsible for the administration, terms, and fulfillment of its giveaways. If the Platform Owner is the Sponsor of a particular giveaway, it is responsible for that giveaway in its capacity as a Sponsor.
• Baseline Giveaway Terms:
  • Eligibility: Users must be at least 13 years old to participate. For giveaways involving physical goods, monetary value, or discounts, users must be at least 18 years old unless otherwise stated in Supplemental Sponsor Terms.
  • No cash value: Prizes have no cash value, are non-transferable, and may not be substituted, except as permitted by the Sponsor.
  • Void where prohibited: Giveaways are void where restricted by law.
  • Fraud or abuse: The Sponsor reserves the right to disqualify entries in cases of suspected fraud, abuse, or technical manipulation.
• Supplemental Sponsor Terms: Each giveaway may include additional terms (such as prize details, eligibility restrictions, or claim procedures) that apply in addition to these Terms.

4. User Conduct

You agree not to:

• Attempt to manipulate, hack, or interfere with AR experiences or giveaways.
• Submit false or misleading information when claiming prizes.
• Use the App in a way that violates any laws or infringes on others’ rights.

5. Disclaimers and Limitations of Liability

• The App is provided “as is” without warranties of any kind.
• The Platform Owner does not guarantee uninterrupted or error-free operation of the App.
• As Platform Owner, we are not responsible for the actions, giveaways, or promises of Sponsors.
• Our liability, whether as Platform Owner or Sponsor, is limited to the maximum extent permitted by law.

6. Intellectual Property

• The Platform Owner retains ownership of all rights in the App, branding, and AR technology.
• Sponsors retain ownership of their respective logos, trademarks, and promotional content.

7. Governing Law and Dispute Resolution

• These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
• Any disputes shall be resolved through binding arbitration conducted in Travis County, Texas, in accordance with the rules of the American Arbitration Association.
• You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

8. Termination

We may suspend or terminate your access to the App at any time if you violate these Terms or misuse the App.

9. Changes to Terms

We may update these Terms from time to time. Updates will be effective upon posting within the App or on our website. Continued use of the App after updates constitutes acceptance.

10. Contact Information

For questions about these Terms, contact us at:

Email: privacy@swiftkickmobile.com

Mail: PO Box 9448, Austin, TX 78766

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