Terms and Conditions of Sale

By completing a purchase, you, the customer (“Customer”) and Ally Sports Group, Inc. (“ASG”), parent company of the Fan Plan™ brand, enter into a contractual indemnity agreement whereby ASG agrees to provide certain consumer protection services for a fee. The following are the terms and conditions of this Agreement, each of which is a material term of the Agreement.

 

ASG provides the Customer, in exchange for a one-time payment more particularly described at the Fan Plan™ website, a contractual promise to reimburse to the Customer an amount of money (“Reimbursement”) in connection with the Customer’s purchase of ticket(s) and/or other travel-related expenses (“Qualified Reimbursable Expenses”) to the championship event designated on the purchased Fan Plan™ and for the season specified on the purchased Fan Plan™. The maximum amount of Reimbursement (“Total Coverage Amount”) is based on the Total Coverage Amount of the purchased Fan Plan™ and is set forth on the Fan Plan™ purchased by the Customer. The Customer agrees to meet all Terms and Conditions of Sale listed herein in order to qualify for a Reimbursement, and agrees that if, in ASG’s sole discretion, all Terms and Conditions of Sale are not met by the Customer, ASG is under no obligation to provide a Reimbursement to the Customer. Qualified Reimbursable Expenses include ticket costs, airfare, lodging, ground transportation, souvenirs, and meals, up to the Total Coverage Amount.

 

Customer is required to specify a designated team or designated matchup at the time of the purchase of a Fan Plan™ (“Designated Team/Matchup”), and the Fan Plan™ shall only become redeemable if that Designated Team or Designated Matchup advances to compete in the Fan Plan’s™ designated championship event. Customer shall be entitled to Reimbursement of Qualified Reimbursable Expenses up to the Total Coverage Amount only if 1) the Customer’s Designated Team or Designated Matchup actually plays in the championship event designated on the purchased Fan Plan™ in the season for which the Fan Plan™ was purchased, 2) the Customer actually incurs Qualified Reimbursable Expenses associated with attending said championship event, 3) the Customer submits all required documentation of Qualified Reimbursable Expenses to ASG within the specified time frame listed in these Terms and Conditions of Sale, and 4) Customer abides by all other Terms and Conditions of Sale.

 

If the Designated Team/Matchup does not play in the championship event designated on the purchased Fan Plan™ in the season during which the Fan Plan™ was purchased, the Customer is not entitled to any Reimbursement or any refund, rebate or other return of any fees or costs of a Fan Plan™ paid to ASG by Customer. Customer acknowledges that Customer has no claim for Reimbursement, refund, rebate or other return of any fees in the event that the Designated Team/Matchup does not play in the championship event designated on the purchased Fan Plan™ in the season during which the Fan Plan™ was purchased.

 

Customer agrees and acknowledges that all responsibility to seek Reimbursement under the Fan Plan™ falls to the Customer and that ASG has no responsibility to provide Reimbursement without a qualified request for Reimbursement made pursuant to the Fan Plan™ and satisfying such terms and conditions for Reimbursement as set forth under the Fan Plan™ and these Terms and Conditions of Sale.

 

There are two ways in which a Customer may receive coverage of Qualified Reimbursable Expenses associated with a Fan Plan™. The first way is by purchasing game tickets and travel from vendors within the online marketplace on the Fan Plan™ website. For such purchases, the Customer agrees to convert the Total Coverage Amount of Customer’s Fan Plan™ to credits within the Customer’s Fan Plan™ account. Upon conversion, the Customer will receive credits (one credit per dollar of the Fan Plan™ Total Coverage Amount) and may use those credits to make purchases from vendors within the marketplace (“Vendors”). All purchases made from Vendors shall qualify as Qualified Reimbursable Expenses. Should Customer make purchases from Vendors the purchase costs exceed the number of credits within Customer’s Fan Plan™ account, Customer shall be responsible for the difference in cost in order to finalize the purchase. Should Customer have credits remaining in Customer’s Fan Plan™ account after making all purchases from Vendors, Customer may utilize the Reimbursement process below in order receive coverage of additional Qualified Reimbursable Expenses. Customer acknowledges that Customer shall only receive Reimbursement up to the total number of credits remaining in Customer’s Fan Plan™ account, and that any Reimbursement request must be made in accordance to the time frames contained within these Terms and Conditions of Sale. Customer agrees that any unused credits remaining at the conclusion of the Reimbursement Period associated with Customer’s Fan Plan™ shall be of no value.

 

The second way a Customer may receive coverage of Qualified Recoverable Expenses is through the following Reimbursement process. In order to obtain Reimbursement, the Customer must submit the documentation required by ASG within these Terms and Conditions of Sale. Such reimbursement request, including the required documentation, must be submitted to ASG no later than 11:59 pm Central Time on the 30th day after the conclusion of the championship event designated on the purchased Fan Plan™ (“Reimbursement Period”). Customer agrees to file any claim for Reimbursement that Customer may have within this Reimbursement Period and that failure to do so constitutes a waiver and release by Customer of any such claim. Failure to timely submit the required documentation pursuant to this and other provisions of the Terms and Conditions of Sale will excuse ASG’s obligation to pay any Reimbursement, and the Customer forever waives and releases ASG from any such further obligation. Documentation required for Qualified Reimbursable Expenses shall include receipts, proof of purchase, or other documentation evidencing the expenditure of funds, acceptance of which shall be solely in the discretion of ASG. Customer agrees to submit to examination under oath as may be requested by ASG on all matters connected with a request for Reimbursement. Customer understands that failing to do so could result in forfeiture of Reimbursement.

 

Customer understands that a Fan Plan™ is a contract of indemnity by which ASG will reimburse Customer for Qualified Reimbursable Expenses up to the Total Coverage Amount as listed on the Customer’s specific Fan Plan™ upon the Customer successfully meeting all Terms and Conditions described herein. The Customer understands and agrees that a Fan Plan™ is not insurance.

 

Customer represents that it has no knowledge at the time of purchase of any matter, fact or circumstance, actual or threatened, which increases or could increase the possibility of a claim for Reimbursement under the Fan Plan™. Further, Customer understands that a Fan Plan™ is not a gambling product, and Customer relies solely upon Customer’s skill, knowledge, and experience when purchasing a Fan Plan™. Customer understands that a Fan Plan™ does not entitle a Customer to any cash payout.

 

Customer understands that ASG, or third parties outside of ASG’s control, may provide information, text, videos, materials, podcasts, rankings, and other information (collectively, the “Content”) that are provided for convenience and entertainment. Customer understands that the Content may contain errors, omissions, inaccuracies, outdated information, and inadequacies, and that the Content may be subject to terms and conditions of third parties not directly under the control of ASG. Customer understands that neither ASG nor its employees, affiliates, or third-party providers make any representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content, and agrees that neither ASG or these third parties, will be liable for any lack of the foregoing.

 

Customer understands that third-party advertisers may offer goods, services, and other materials to ASG customers. Customer agrees that its correspondence and business dealings with advertisers found on or through the ASG service, including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties, and representations associated with such dealings, are solely between the Customer and the advertiser. Customer agrees that ASG will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Content on the Fan Plan™ platform. Descriptions of, or references to, products or publications within the Fan Plan™ platform do not imply endorsement of that product or publication.

 

Customer agrees that by purchasing a Fan Plan™, Customer consents to ASG’s and its service providers’ and business partners’ use of Customer’s name, voice, likeness, and photograph in connection with the development, production, distribution, and/or exploitation (including marketing and promotion) of ASG/Fan Plan™ products and/or the Fan Plan™ products and brand generally, unless otherwise prohibited by law. Customer agrees that, from the date of qualifying for a Reimbursement from ASG (whether through the Reimbursement process or through the purchase process via a Fan Plan™ account) and continuing until such time when notified that they no longer need to do so, Customer will make himself/herself available to ASG, should ASG request such availability, for up to 50 hours of publicity, advertising, and promotional activities relating to ASG/ Fan Plan™ products, services, or events, without additional compensation. ASG and its business partners reserve the right to make public statements about any Customer on-air, on the Internet, or otherwise, prior to, during or following the designated game for which Customer purchased a Fan Plan™. Customer agrees that ASG may announce any Customer’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Fan Plan™ or its products. Customer agrees that a Reimbursement by ASG constitutes complete compensation for Customer’s obligations under this paragraph, and Customer agrees not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain products may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

 

Customer understands that, as a condition precedent to this Contract, the Customer agrees and warrants that he or she was completely truthful in the application and in subsequent communication with ASG and ASG’s agents and employees, and that any lack of candor, deceit, fraud, dishonesty, misstatement, or concealment of any information requested or provided in the application, renewal, or review process shall be grounds for the denial of Reimbursement under the Plan, termination of the Fan Plan™, and forfeiture of any sums paid by Customer to ASG.

 

Customer understands and agrees that all payments for a Fan Plan™ are final. No refunds will be issued on sales for any reason. All Fan Plan™ prices are a one-time fee, thus there are no cancellations of sales allowed. In the event of a dispute regarding the identity of the person buying a Fan Plan™, the Fan Plan™ will be deemed purchased by the individual in whose name the Fan Plan™ account was registered. Purchased Fan Plans™ will be placed within the Customer’s Fan Plan™ account upon purchase and a confirmation email will also be generated. Charges for Fan Plans™ will appear on Customer’s billing statement under Fan Plan™/Ally Sports Group, Inc.

 

Customer agrees and acknowledges that while Fan Plan™ pricing may fluctuate during the course of a season, the Customer’s price shall be established upon purchase of a Fan Plan™ by the Customer and shall not change for any reason. Customer understands that ASG, in its sole discretion, may limit or suspend sales of Fan Plans™ at any time, both as it relates to specifics teams and/or for all teams across the board. ASG, in its sole discretion, shall also determine the specific teams for which Fan Plans™ are available for sale at any given time.

 

A Fan Plan™ is an agreement between ASG and Customer, and Customer may not assign, sell, transfer, trade, give, or otherwise dispose of any rights under the Fan Plan™ to any other person or entity outside of the Fan Plan™ online marketplace. Such disposal shall be void ab initio.

 

Customer agrees and understands that ASG will not reimburse Customer for any costs incurred as the result of any erroneous printing, duplication, website error, or in any material published or displayed by ASG or any third-party agency, group, organization, or company marketing, advertising, or promoting the Fan Plan™ products or brand.

 

Customer agrees that ASG is under no obligation to Customer until such time as Customer pays full and completely all fees charged by ASG for the Fan Plan™ and all of the requirements set forth by these Terms and Conditions of Sale have been met by Customer. Customer further agrees that ASG may, upon written notice to the Customer, terminate the Fan Plan™ for violation of any of these terms and conditions, or such other terms and conditions as provided by ASG.

 

Customer agrees that prior to filing a lawsuit in connection with or in any way related to a Fan Plan™, Customer must comply with all of Customer’s obligations under the Fan Plan™. Customer agrees that in the event suit is filed by either party regarding a Fan Plan™, said suit shall be filed in the state District Court for Dallas County, Texas, which shall constitute the exclusive venue of any such suit, and that Texas law will apply.

 

Customer understands that the Fan Plan™ will commence upon the purchase date of the Fan Plan™ and shall end upon the conclusion of the final game of the same collegiate football season in which the Fan Plan™ was purchased.

 

Customer understands and agrees that purchasing a Fan Plan™ does not guarantee the availability of tickets for any game or the pricing of tickets within the Total Coverage Amount of a Fan Plan™. Customer understands and agrees that the locating and purchasing of tickets and obtaining of travel accommodations is a task solely borne by the Customer, and ASG does not itself offer any service that sells tickets or travel services.

 

Customers may contact ASG with any questions regarding billing or for customer service inquiries. Inquiries may be made by emailing info@afanplan.com.