Fun Card Terms & Conditions
These terms and conditions (the “Terms & Conditions” or this “Agreement”) govern your Wamesit Lanes Fun Card (the “Fun Card”). These Terms & Conditions are applicable only to the Fun Card and not to any other rewards program that may be offered by Wamesit Lanes (“Wamesit Lanes,” “us,” “we”). By purchasing and/or using the Fun Card the Fun Card purchaser and/or user (“you,” “your”) agree to be legally bound by these Terms & Conditions, as they may be amended from time to time.
The Fun Card
Your Fun Card may be used: i) to activate selected games inside Wamesit Lanes using available game play credits (“Credits”), ii) to accumulate and redeem tickets based on game play and performance (“Tickets”), and/or iii) as a gift card, with a prepaid monetary value only redeemable for select purchases at Wamesit Lanes, subject to certain limitations and/or fees (a “Gift Card”).
Credits are valid game play only and cannot be used towards the purchase of any other item or services, including but not limited to food, non-alcoholic or alcoholic beverages, taxes, tips or gift cards. Credits have no cash value and no change will be given for the redemption of Credits. Credit value conversion rates may be amended at our sole discretion. Credits are non-transferable except as otherwise approved by us.
Tickets may be redeemed for select prizes or rewards within Wamesit Lanes. Only Fun Cards that are valid and active (“Registered”) within our POS will be authorized for prize redemption. Tickets cannot be used towards the purchase of any other item or services, including but not limited to food, non-alcoholic or alcoholic beverages, taxes, tips or gift cards. Tickets have no cash value and no change will be given for the redemption of Tickets.
Wamesit Lanes reserves the right to modify, limit or suspend the manner in which Tickets may be earned, awarded and/or redeemed, including but not limited to changes to the amount of tickets and credits earned, the value of those tickets and credits, when tickets may be redeemed, and when they expire, for any reason, or for no reason at all, at any time, at its sole discretion, without notice to you. For the avoidance of doubt, we may establish a maximum redemption amount per user and/or limit prize options, in both type and amount, at our discretion, based on availability or otherwise. We may make these changes even though the changes may affect the value of your Credits and Tickets already accumulated at the time of the change. You should not rely upon the continued availability of any such an award or Ticket program.
All Ticket redemption transactions are final, no right of return exists. Except for the warranties expressly stated by product/prize manufacturer, to the maximum extent allowed by applicable law, for all prizes/rewards, Wamesit Lanes disclaims all warranties of any kind, express or implied, including warranties and conditions arising under statute, warranties of merchantability, non-infringement or fitness for a particular purpose.
If we confirm that excessive Tickets have been issued due to a game malfunction, we reserve the right to deduct that corresponding amount from your Fun Card Ticket balance at our sole and reasonable discretion.
Gifts Cards must be presented at time of use. Gift Cards with a prepaid monetary value are only redeemable for select purchases at Wamesit Lanes, subject to certain limitations and/or fees (a “Gift Card”). Gift Card balances are subject to confirmation by our point of sale system (POS). In the event of a conflict between a customer receipt and or credit balance and the POS, the POS account balance shall prevail.
Wamesit Lanes is not responsible for any Credits, Tickets, or Gift Card balance used on a stolen or lost Fun Card.
Fun Cards and associated credit, gift, and/or ticket balances are non-refundable and will not, under any circumstances, be redeemed for cash, except where required by law.
Wamesit Lanes reserves the right not to accept a Fun Card or otherwise limit use of, suspend or terminate, revoke or limit any or all of the rights and privileges granted to you at any time without notice, liability, reimbursement or compensation, if it believes, in its sole and reasonable discretion, the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions.
If we terminate your card pursuant to the terms of this Agreement, all amounts, Credits and Tickets will be voided and may not be used. You will receive no compensation from us for voided Credits or Tickets.
We reserve the right to make any other adjustments to your Fun Card due to game malfunction or fraud, in its sole and absolute discretion.
LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US
WAMESIT LANE AND ITS AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS & CONDITIONS; (II) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE FUN CARD PROGRAM; (III) ANY UNAUTHORIZED USE OF A FUN CARD OR ANY BREACH OF SECURITY THEREOF; OR (IV) THE PURCHASE, REDEMPTION FOR OR USE OF ANY PRIZE/REWARDS. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if we have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).
By using the Fun Card, you hereby agree to release us and all of our associates, affiliates, subsidiaries, franchisees, partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any game, reward or prize.
These Terms & Conditions and your use of a Fun Card shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts notwithstanding any conflict of law rules. Void where prohibited or restricted by applicable law.