Rec Room Gift Card Terms & Conditions

Effective Date: September 28, 2022

Introduction

By purchasing, accepting or using a Rec Room Gift Card (including electronic codes, a "Gift Card") and in consideration for your right to use the Gift Card, you agree to be bound by these terms and conditions (the "Gift Card Terms & Conditions") and the terms and conditions contained in the Rec Room Terms of Service (the "Terms of Service"). In these Gift Card Terms & Conditions, "you" or "your" means either the purchaser, recipient, or user of a Gift Card (as applicable). "We" or "our" means Rec Room Inc. and its affiliates.

We respect your privacy and will only use your personal information as described in our Privacy Policy.

Purchase & Redemption

In order to purchase a Gift Card electronically from www.recroom.com/giftcard, you will need to provide the name and email address of the recipient for purposes of delivering the Gift Card.  Gift Cards may only be redeemed and used for purchases online at www.recroom.com/redeem for Rec Room Tokens and eligible Rec Room products and services (subject to availability). Invalid or unidentifiable Gift Card numbers will not be redeemed. Rec Room Tokens are a virtual currency solely for use in Rec Room.

Through your use of a Gift Card, you can receive access to virtual currency (“Tokens”) solely for use in Rec Room. Tokens also include any software, content, services, technology, data and other materials provided in connection with the Tokens or as part of redeeming the Tokens.

To redeem the Gift Card, you must have Internet access, a compatible device that meets minimum system requirements, a Rec Room account, and accept the Rec Room Terms of Service (collectively, the “Requirements”). Compatible devices and operating systems are those included at https://rec.net/download. Tokens purchased on some platforms may only be used on those platforms, and Tokens purchased outside such platforms may not be available on those platforms. Your use of any device or platform is subject to their terms of service.  You are responsible for any costs associated with the Requirements and ensuring before purchase that your system meets minimum system requirements. The Gift Card is not a credit card, charge card, or bank debit card. You will not be paid or earn interest on the amount of the Gift Card. No partial redemption is permitted and following redemption the amounts are associated with a single account (no transfer or withdrawal). You may check your Gift Card balance online at http://rec.net/giftcards/balance.  For help with redemption and other Gift Card issues, if purchasing the Gift Card through https://rec.net/giftcard use the help links on those pages; for all other Gift Card purchases, please visit https://recroom.zendesk.com.   

Expiration

The funds on the Gift Card do not expire. No fees apply.

However, in certain states, after a certain period of time, we may remit the cash associated with unused Gift Card balances to certain states pursuant to their abandoned property laws. Once the Gift Card balance has been remitted to such a state, the Gift Card may no longer be redeemed, and we may direct you to the state government instead. 

Restrictions

  1. The Gift Card is valid for use in the United States only. 

  2. Coupons, discounts, and other Gift Cards may not be used to buy Gift Cards. 

  3. Gift Cards are not reloadable, refundable, returnable or exchangeable for cash or third-party stored value, except where required by law. They may not be resold.

  4. Upon first use, the funds on the Gift Card are redeemed in the Rec Room account associated with the Gift Card's first use and become non-transferable. No partial redemption is permitted.

  5. No more than a total of $2000 in Gift Card funds may be redeemed per day. Further, you may only redeem a maximum of 10 Gift Cards per day.

  6. Limit of 5 virtual items made available per account per month or such other period as we may designate.

  7. Rec Room bonus virtual items are subject to availability.

Risk of Loss

All sales are final.  Please safeguard your Gift Card and protect it like cash. Title and risk of loss for the Gift Card pass to the purchaser immediately upon activation and any recipient upon receipt. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your or the recipient’s permission, and will not be replaced or refunded, except where required by law.

Disclosure to Third Parties

As described in our Privacy Policy, we may collect certain information in connection with your use of a Gift Card and provide it to third party service providers that we contracted with in order to complete a transaction or to verify the existence and conditions of the Gift Card.  

Reservation of Rights

We reserve the right to correct the Gift Card balance if we believe that a clerical, billing, or accounting error has occurred. We also reserve the right to deactivate, cancel, or suspend any Gift Card if we suspect fraud, unlawful activity, or improper Gift Card use. Rec Room and Tokens are protected by copyright and other intellectual property laws and treaties; they are the property of Rec Room and are licensed, not sold, to you.

Disclaimer of Warranties; Limitation of Liability

WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN OUR TERMS OF SERVICE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD OR ANY PURCHASES MADE WITH THE GIFT CARD, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN REC ROOM’S TERMS OF SERVICE, YOU AGREE THAT WE SHALL HAVE NO LIABILITY FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE GIFT CARD TERMS & CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE GIFT CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; OR (D) INABILITY TO USE A GIFT CARD BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. The laws of certain states or other jurisdictions may not allow limitations on implied warranties, or the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR GIFT CARD. In the event a Gift Card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gift Card. 

Modification

We reserve the right to make changes to these Gift Card Terms & Conditions at any time. If we make a material modification to these Gift Card Terms & Conditions, we may provide notice by displaying a notice on our website, by sending an email to any address you may have used to register for a Rec Room account, or through other mechanisms. Any amendment to the Gift Card Terms & Conditions will be effective when posted on www.recroom.com/giftcard. These Gift Card Terms & Conditions do not amend or otherwise modify any of our agreements with you.

Arbitration & Choice of Law

Any dispute related to these Gift Card Terms & Conditions shall be finally settled by confidential arbitration in King County, Washington under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.  Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND REC ROOM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. These Gift Card Terms & Conditions and the relationship between the parties will be governed by the laws of the State of Washington without regard to its conflict of law provisions. The parties agree to submit to the personal jurisdiction of the federal and state courts located in King County, Washington with respect to any legal proceedings that may arise in connection with these Gift Card Terms & Conditions.

General 

If any of these Gift Card Terms & Conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You agree to use the Gift Cards and Tokens in compliance with all applicable laws.

If you are under the age of 18, you agree that you have obtained your parent’s or legal guardian’s consent to redeem and/or use the Gift Card and that your parent or legal guardian accepts these Gift Card Terms & Conditions on your behalf.  

Your rights under these Gift Card Terms & Conditions will terminate without notice from us if you fail to comply with the terms. In case of such termination, you must cease use of the Gift Card, and we may immediately revoke your access to Rec Room and Tokens without notice to you and without refund of any purchases.