A Classic Games Play card and a Classic Games Game Card (collectively referred to herein as a  “Play card”) is a stored value card with a magnetic strip that allows you to play games at all Classic Games Entertainment locations in the United States (“Participating Location(s)”).  These terms and conditions (the “Terms & Conditions”) govern all Play cards and their use.  The Play card, including all administration related thereto, is provided by Classic Games Entertainment, Inc. or its affiliates, parents, or subsidiary companies (collectively “Classic Games” "we," "us," "our," "ours"). By purchasing, recharging, or using a Play card, you agree to be legally bound by these Terms & Conditions, and your use shall be subject to these Terms & Conditions, as they may be amended from time to time, without further notice to you.  

General

1. A Play card can be loaded with credits which, depending on the price of the game, can activate games, entitlements (credits specifically designated for a single game/activity or a grouping of games/activities) in a Participating Location. Each game, excluding nerf, laser tag, Virtual Reality, billiards,and any other game elected by us to operate by any other system (as will be noted thereupon), located at Participating Locations requires a specified number of credits to play (“Game(s)”).  The credit price to play a Game is displayed on each Game in the display window at the Play card swipe and varies in value. With each Play card swipe and Game play, credits are deducted from the total balance of credits and the remaining balance of that credit type is shown on the display.

2. The Play cards may not be used for food and beverage purchases, purchase of gift cards, or exchanged for ticket prizes.

3. The credits you purchase do not expire, are not subject to a maintenance fee and are stored on your Play card.  The tickets you win (other than tickets issued in connection with a special promotional offer that may have an expiration date (“Promotional tickets”) do not expire.

4. You may combine credit balances from any number of Play cards onto other Play cards.  The Play cards used to transfer credits to another Play card will contain a zero balance after the transfer but will remain active to allow for additional recharges with no additional fee.  

5. Classic Games is not responsible for lost, stolen or damaged Play cards containing credits or tickets.

6. Any resale or other transfer of a Play card for consideration will render the Play card and associated credit and/or point balances void and subject to cancellation.

7. Your Play card is non-refundable and will not, under any circumstances, be redeemed for cash, except where required by law.Unless otherwise allowed under applicable law (and noted at the point of purchase), all sales and use tax is included in your Play card purchase.  

8. Classic Games reserves the right not to accept a Play card or otherwise limit use of the Play card if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions.

9. You will not be sent statements of itemized transactions involving your Play card.

10. A list of games and the number of credits required to play a game is available at each location.  The prices of Games are subject to change at any time by Classic Games.

Credits

The credits on a Play card are used to play Games at Participating Locations.  There are different types of credits:

1. Regular Credits – Regular Credits are credits that you purchase.  You may use Regular Credits to play any Game at Participating Locations.  

2. Promotional Credits – Promotional Credits are added to the regular credit balance at designated times for promotional purposes.  These credits are only active during the designated promotional period.  These credits will be deducted from your Play card credit balance before all other credits during the promotional period.  All unused Promotional Credits expire and are removed from your Play card at the end of the promotional period.

Time Play – Time Play Play cards are sold in increments of minutes or hours. Time Play Play cards activate Games, but the games so activated do not award tickets and are not valid on instant-prize games, crane games, or virtual reality.

Notwithstanding the discussion of credits set forth above, the order of use of the credits is determined solely by Classic Games and the customer has no ability to control the type of credit used for any particular game.

Purchase and Balances 

1. Where allowed by law, a one-time activation fee may be charged (in addition to the desired amount of your Play card purchase) to purchase the Play card. A Play card with an activation fee required will receive credits to compensate for the activation fee (denomination is dependent on the activation fee).  See an Authorized Employee or go to a kiosk for details.  The Play card can be recharged for no additional activation fee.

2. Play cards can be recharged by an Authorized Employee at any Participating Location and any Participating Locations’ kiosk in the denominations posted.  To recharge in an amount not available at a kiosk, please see an Authorized Employee at a Participating Location.

3. You may check Play card credit balances by going to an Authorized Employee, kiosks throughout Participating Locations.

5. When the display window at the Game reads “No Funds in Your Account” the Game costs more credits than remain on your Play card; however, you may have enough credits to play another Game that requires fewer credits to play.  Therefore, you should check your Play card balance and go to the Bowl Desk to determine which Game you can play for the amount of credits that remain on your Play card.  If you do not have enough credits on your Play card to play any Game, you can recharge your Play card, transfer the remaining balance to another Play card, or play a last game (“Last Hurrah”). 

More information on Last Hurrah is set forth below.

Last Hurrah  

The cost to play a Game at Classic Games may require the use of credits that leave you with a balance less than the required credits to play any Game.  However, when you have a credit balance less than the required credits to play any Game, you will still be able to use all of your credits by exchanging your balance of credits to play a Game at the location (your “Last Hurrah”).  One Last Game varies by location.  After your Last Hurrah, your Play card will have a zero balance but may still be recharged with no additional fee.  

Tickets

1. Electronic tickets (“tickets(s)”) are added to your Play card from playing certain Games.

2. If you win tickets, you may redeem those tickets for merchandise in the Prize Counter or you may retain the tickets on your Play card for later use.

3. Upon selecting a Prize counter item, the required number of tickets is deducted from your tickets balance.

4. Based on pricing and availability of merchandise in the Prize counter at Participating Locations, you may not have enough tickets to redeem for any item

5. Ticket balances can be checked on the Participating Locations’ kiosks, or with any Authorized Employee at a Participating Location.

6. Tickets do not have a cash value and may not be refunded or exchanged.

7. Tickets never expire, have no maintenance fee and can be used at any Participating Location.

Game Malfunctions

1. Tickets will be awarded to you for successful play of properly functioning redemption Games.

2.  If a Game malfunctions during play, you will be allowed one free play of the same game, or if the game has a persistent malfunction that cannot be corrected, a comparable game.  No tickets will be awarded for the Game play during which the malfunction occurs.

3.  If a redemption Game fails to award the appropriate amount of tickets, as determined by Classic Games, in its sole discretion, the proper number of tickets will be awarded/added to the Play card used to activate the game.

4.  If a redemption Game awards excess tickets due to a malfunction, Classic Games may deduct the excess tickets from the Play card to which they were awarded.

Fraud, Misuse and Abuse

Classic Games may suspend, cancel or make any adjustments to Credit and Point balances in the event of any fraud, misuse or abuse; as determined by Classic Games in its sole discretion.

Cancellation

Classic Games may suspend or terminate your Play card and revoke or limit any or all of the rights and privileges granted to you at any time without notice, liability, reimbursement or compensation.

Termination may result from your fraudulent or unauthorized use of the Play card or violation of these Terms & Conditions.  If we terminate your card with cause, all credits and tickets will be voided and may not be used.  You will receive no compensation from us for voided credits or tickets.  If we terminate your Play card without cause, we will refund or issue store credits equal to the balance of credits purchased or tickets held in your Play card account less any amounts that you may owe Classic Games.

Billing Errors and Corrections

We reserve the right to correct the balance of your Play card if we believe that an error has occurred. If you have questions regarding your transaction history, or if you dispute any transaction or correction that has been assessed against your Play card, please contact the nearest Participating Location.  We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.

Choice of Law

These Terms & Conditions and your use of a Play card shall be governed by and construed in accordance with the laws of the State of New Mexico notwithstanding any conflict of law rules.

Arbitration Rights/Waiver of Rights

Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to these Terms & Conditions or your use of your Play card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Commercial Rules and Consumer Related Supplementary Procedures (except that Rule C-4 related to the appointment of an arbitrator will not apply and the arbitrator will be chosen under Rule R-11) before one (1) neutral arbitrator licensed to practice law for at least twenty (20) years at the AAA offices nearest the location where you purchased your Play card, except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.  However, all claims (including those claims that are subject to arbitration and those claims that can be prosecuted in a court of law and regardless of whether the claim is brought in an arbitration or in a court of law) must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding, and you hereby waive any claims for punitive damages and any right to pursue claims on a class or representative basis.