HARD ROCK REWARDS TERMS & CONDITIONS

Membership in the Program is available to individuals (“Members”) residing in countries that legally permit participation in loyalty programs. You may not participate in the Program if you reside in a country that is on the United States embargo countries list (currently Cuba, Iran, Iraq, North Korea, Sudan and Syria). Persons on the US Department of Treasury Specially Designated Nationals or Blocked Persons Lists are also not permitted to participate. You must have a valid email address to participate in the Program.

You must be the age of majority in the jurisdiction in which you reside and have the capacity to enter into contracts to be a Member of the Program and to utilize the benefits of the Program. Minors are not eligible to participate in the Program.

Membership is on an individual basis only. Corporations, associations, groups and other legal entities cannot enroll in the Program.

Employees of Hard Rock and any of its subsidiaries or affiliates (“Hard Rock Group”) and employees of franchisees or licensees of the Hard Rock Group are not eligible to participate in the Program except for specially designated employee programs, if any.

Your registration and participation in the Program constitutes your (a) acceptance of these terms and conditions as well as of any changes or modifications made to them of which you have received prior detailed notice (“Terms & Conditions”) and (b) consent to receiving promotional, marketing and advertising communications from Hard Rock by email and on your mobile phone. If you do not accept these Terms & Condition, you may not participate in or register for the Program.

Hard Rock reserves the right to update, change, revise or modify (collectively, “Changes”) these Terms & Conditions at any time in its reasonable discretion upon prior detailed notice by email to Members. If a Member continues to participate in the Program after receiving notice of the Changes or does not object to the Changes, he/she will be deemed to have accepted such Changes and the Changes shall become effective as to that Member. If a Member disagrees with the Changes, then Hard Rock may terminate the Member’s membership. In addition, your sole and exclusive remedy if you do not agree to any such Changes is to withdraw from the Program and terminate your Membership in accordance with Section 1(K) below.

You can register to become a Member in the Program by completing a membership application at http://www.hardrockrewards.com (the “Program Website”) or you may register for the Hard Rock Rewards portion of the Program inside participating Hard Rock facilities (“Participating Locations”) that have a registration kiosk onsite, via the assistance of a Retail Sales Associate at a participating Rock Shop, or via a Front Desk employee at a participating Hard Rock Hotel at the time of check-in. Furthermore select Participating Locations may provide additional means of registration via use of a Hard Rock Rewards’ tablet to register electronically or a Hard Rock Rewards’ Rack Card enabling you to request an email to be sent to you containing a link inviting you to register for the Program once you return home. You agree to provide complete and accurate information in connection with such registration and update that information promptly if there any changes or if it becomes inaccurate. Registration and participation in the Hard Rock Rewards portion of the Program is free. To join Hard Rock Rewards VIP portion of the Program (“VIP Program”), a non-refundable (except to the extent a refund is required under applicable law) annual membership fee is required. The amount of the VIP Program membership fee will be specified when you register for the VIP Program and each time you renew your annual VIP Program membership. Such fee is compensation for the premium services provided by Hard Rock to the VIP Program Members and is not an entry fee to win a prize.

Members may be provided with a virtual or a physical membership card and the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Member portion of the Program Website. You are responsible for maintaining the confidentiality and security of that username, password or other codes or devices, and for all activity on your account, whether or not authorized. Please notify Hard Rock immediately at Customer_Care@hardrock.com if you know or suspect any unauthorized activity on your account.

The Rewards ID number or VIP Membership Card is not a credit card. Only one (1) VIP Membership Card will be issued per VIP Program Member. Members of the Hard Rock Rewards portion of the Program will not be issued a membership identification card but will have the option to print a paper membership identification card from the Program Website.

The Program benefits are for Members’ personal, non-commercial use only. Any unauthorized, fraudulent or abusive use of the Program’s Points, Rewards Coupons (as defined herein), rewards, special offers or vouchers (collectively referred to as “Program Benefits”) or any activity inconsistent with these Terms & Conditions is subject to appropriate administrative and/or legal action by Hard Rock, including, but not limited to, the forfeiture of Program Benefits, the termination of Program privileges, and revocation of Program membership. To the extent permitted by law, we also reserve the right, in our sole discretion, to immediately discontinue a Member's Program membership, and terminate the Member's Program account, if a Member violates any United States local, state, or federal laws or ordinance or violates any law of the jurisdiction applying to the Member, in relation to the Program, or otherwise misuses the Program, Program Benefits or fails to pay any valid bill or membership account fee, after being notified of such failure to pay and failing to make payment of the past due amount within ten (10) calendar days of such notice. Nothing contained in these Terms & Conditions shall limit Hard Rock in the exercise of its legal or equitable rights or remedies.

Earning of Program Points and redemption thereof via Rewards Coupons are subject to all applicable laws and regulations. Points (as defined herein) and redemption thereof may be subject to income or other taxes. Any applicable federal, state, provincial or local taxes of any jurisdiction connected to the issuance, acceptance and use of Rewards Coupons, and all disclosures, reporting and payments related thereto, are the sole responsibility of the Member, unless otherwise established by the laws and regulations of the relevant jurisdiction. Hard Rock will not be responsible for any tax consequences which may flow from a Member’s participation in the Program.

Except as required by law, the type, quality or fitness of goods or services provided through the Program or in connection with the redemption of Program Benefits have no express or implied warranties or representations. Only when it is not mandatory by law, Hard Rock is not responsible for including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, and to the maximum extent permitted by law, expressly disclaims any and all liability (including consequential damages).

Unless prescribed by law, the malfunction of the Program Website, including errors, omissions or periods of inaccessibility it is not warranted, since the Program Website is provided on an as is basis.

Hard Rock reserves the right to make changes to the Program Website both in design and content as needed and with or without notice to Members.

If there is no account activity or Points (as defined herein) posted to a Hard Rock Rewards Member's account for any twelve (12) consecutive months, and the period covered by any annual fee for the VIP Program has expired, Hard Rock reserves the right to declare such account as inactive and to delete such account in its sole discretion, including loss of accumulated Program Benefits. In such a case, a notice will be sent to the Member’s email address thirty (30) calendar days in advance of the deletion of the Member’s account. A VIP Program Member’s account may be declared inactive and downgraded to a free membership in the Program if the Member has no account activity or Points posted to it and no membership fee renewal payment has been received in respect of the VIP Program Member’s account after twelve (12) months from the Member’s date of initial purchase of the VIP Program membership. VIP Program reinstatement may be available at the sole discretion of Hard Rock upon receipt of a non-refundable annual membership renewal fee.