TERMS & CONDITIONS FOR PROMOTIONAL CARDS
TERMS & CONDITIONS FOR PROMOTIONAL CARDS
The following terms and conditions (the "Agreement") apply to any Hard Rock Hotel & Casino Atlantic City ("Hard Rock AC") physical promotional card that expires given by or through its partners for free, including "free with purchase" or otherwise (the "Promo Card").
Card Program Privileges.
1. By accepting and retaining the Promo Card or using the Promo Card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Promo Card program at any time without notice. The Promo Card and associated offers are void where prohibited by law. Boardwalk 1000, LLC, along with its subsidiaries and affiliates ("Hard Rock AC", "we", "our", or "us"), is the issuer of, and provides the funding for, the Promo Card.
Use of the Card.
2. The Promo Card is not a credit card and cannot be used as one. Use of the Promo Card is limited to the amount of funds associated with the Promo Card. You cannot increase the funds on the Promo Card. The Promo Card may only be used by customers in the 50 United States and the District of Columbia to make purchases of merchandise and services directly from Hard Rock AC as permitted in accordance with each Promo Card program. The Promo Card is redeemable at Rocktane Gas & Wash located at 1000 Boardwalk, Atlantic City, New Jersey 08401. In the event of technical difficulties at the time of purchase using the Promo Card, not all means of redeeming the Promo Card may be available, and Hard Rock AC will provide additional instructions on the method of redemption. Except as set forth herein, you agree that you shall not use the Promo Card elsewhere. If you attempt to use the Promo Card at a non-participating establishment, your purchase will be declined. This Promo Card is intended for use as a gift to an individual. Resale of this Promo Card or use for unauthorized advertising, marketing, sweepstakes, or other promotional purposes is strictly prohibited. Hard Rock AC cannot be used to purchase other Hard Rock AC or third-party gift cards. Your right to use the funds on the Promo Card is a limited right, subject to the terms and conditions of this Agreement and applicable law. Hard Rock AC is not responsible for pricing, typographical, or other errors, in any offer by Hard Rock AC and reserves the right to cancel any orders resulting from such errors. The full amount of each purchase, including taxes, will be deducted from the funds held on the Promo Card, up to the total funds available on the Promo Card. Except where required by applicable law, Promo Cards cannot be redeemed for cash or replaced if lost or stolen.
Additional Information on Card Usage.
3. You may check the balance remaining on your Promo Card by sending an email to firstname.lastname@example.org.
Delivery and Restrictions.
4. An email address required for Promo Card delivery via email, if applicable. Limits on the number of Promo Cards per person may apply. Not valid for resellers and/or online auctions. Hard Rock AC, at its sole discretion, reserves the right to reject (decline) requests for promotional incentives, including promotional gift cards, to accounts suspected of reseller or promotional abuse activity.
5. The laws of New Jersey govern the Promo Card and the terms and conditions of this Agreement.
6. Please note that the Promo Card has an expiration or "valid thru" date. Your Promo Card's expiration or valid thru date can be found at on the promotion's website. After that date, the funds will expire, and the Promo Card will not be accepted by Hard Rock AC. No exceptions. After the expiration or valid thru date, please cut up the Promo Card and dispose of it or delete the digital eCard email. Invalid Promo Cards are not replaceable or returnable.
7. You agree to use the Promo Card only for legitimate purchases permitted by the Promo Card program and not for the purpose of obtaining cash from an establishment. You may not return merchandise or cancel services obtained with the Promo Card for a cash refund. Credits for returns accepted by Hard Rock will be allocated back to the Promo Card (in the amount of the portion of the purchase paid with your Promo Card) as long as the Promo Card has not expired. If the card has expired, no credit or cash refund will be issued and remaining funds on the card are forfeited.
If you return the purchase that qualified you for a Promo Card, the Promo Card will no longer be valid. If the qualifying product is returned for a refund after the Promo Card has been redeemed, the value of the redeemed card will be deducted from any refund amount.
8. It is your responsibility to know the amount of funds available on the Promo Card at the time of purchase. To obtain your fund availability, send an email to email@example.com. If your desired purchase amount is greater than your available funds, supplemental payment may be made using any credit card accepted by Hard Rock AC. Promo Cards will not be accepted by Hard Rock AC in combination with any other form of payment. Hard Rock AC reserves the right to solely determine which credit cards it shall accept. Such credit cards are subject to change without notice.
Lost or Stolen Cards.
9. Hard Rock AC is not responsible for loss, theft, or unauthorized use of the Promo Card. You should safeguard the Promo Card as if it were cash. Promo Cards cannot be replaced or reissued if lost or stolen, unless you provide verifiable proof of eligibility deemed sufficient by Hard Rock AC in its discretion.
Using Multiple Cards.
10. Hard Rock will only accept a limited number of Promo Cards per purchase. Funds from Promo Cards cannot be merged with funds from any other Promo Cards or other Hard Rock AC gift cards of any kind.
Misuse of the Card.
11. If we suspect misuse of the Promo Card, it may be suspended or terminated. We may cancel the Promo Card at any time, without notice. We may condition reimbursements upon return of the Promo Card. The Promo Card is the property of Hard Rock AC.
Notice of Data Protection and Privacy
Governing Law, Arbitration, and Jurisdiction.
13. This Agreement shall be governed by and construed in accordance with the internal substantive laws of the State of New Jersey, without giving effect to any principles of conflict of law of any jurisdiction. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR SHALL BE DETERMINED JOINTLY BY THE PARTIES WITHIN THIRTY (30) CALENDAR DAYS OF SUBMISSION OF A WRITTEN DEMAND FOR ARBITRATION BY ONE PARTY TO THE OTHER PARTY. IN THE EVENT THE PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR, EACH PARTY SHALL SUBMIT THE NAME OF ONE (1) ARBITRATOR AND THOSE TWO (2) ARBITRATORS SHALL DECIDE UPON A THIRD ARBITRATOR WHO SHALL PRESIDE OVER THE DISPUTE. YOU FURTHER AGREE THAT ANY ARBITRATION ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE FILED ONLY IN ATLANTIC COUNTY, NEW JERSEY, AND YOU HEREBY IRREVOCABLY CONSENT AND SUBMIT TO PERSONAL JURISDICTION AND VENUE IN ATLANTIC COUNTY, NEW JERSEY, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION AND VENUE. EACH PARTY SHALL BEAR ITS OWN COSTS, INCLUDING ATTORNEYS' FEES, ASSOCIATED WITH ARBITRATION.