The following set of Terms and Conditions apply to your use of Apex website, its social media pages, mobile apps, text messaging, and email exchanges of information (collectively referred to hereinafter the “Sites”).
The Sites are owned, operated, licensed, or controlled by Apex Corporation or any of its related, affiliated, or subsidiary companies (together, “Apex”) and are for your personal use. Throughout the Sites, the terms “we,” “us” and “our” refer to Apex. Your access to and use of the Sites is subject to the following Terms and Conditions. Apex offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of Apex Sites constitutes your agreement to these Terms and Conditions. If you do NOT agree to these Terms and Conditions, do NOT use all or any part or aspect of the Site.
Accuracy, Completeness and Timeliness of Information on the Sites
Apex strives to ensure that the information contained in its web site is accurate and reliable. However, Apex and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Accordingly, Apex is not responsible if information made available on the Sites is inaccurate, incomplete or out-of-date. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.
Trademarks, Service Marks, Logos and other Proprietary Content and Restrictions on Use
All content on the website and all of the Sites (including, without limitation, trademarks, service marks, logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Apex, its licensors, its content providers, or other third parties and is protected by copyright, trademark and other applicable laws.
The content, arrangement and layout of the Sites, including, but not limited to, the trademarks, service marks, logos, package designs, text, graphics, icons, audio clips, downloads, interfaces, code, and software, are also proprietary and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, used, displayed, distributed, or transmitted without the express written permission of Apex.
The Sites may also contain references to other company, brand and product names, and their trademarks, service marks, and logos. These company, brand and product names and trade and service marks are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within the Sites are either the property of, or used with permission by Apex. Apex may be, but is not necessarily sponsored by or affiliated with any of owners of the other company, brand and product name appearing on the Sites, and makes no representations about them, their owners, their products or services.
Apex, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Apex sole discretion. Apex neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Apex.
You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way.
You may access, copy, download and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary content that appears on the material you access, copy, download or print.
Any other use of content on all or any part of the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from all or any part of the Sites, or use of the Sites for purposes competitive to Apex, is expressly prohibited without the prior written consent of Apex.
By visiting all or any part of the Sites, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. Apex reserves all rights not expressly granted in and to the Sites and their contents.
The Sites and all of their contents, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. Any unauthorized use of the materials, structure, sequence, arrangement, or design of the Sites, or trademarks, service marks, logos or trade dress found within the Sites may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Apex reserves the right to refuse or cancel any person’s registration for all or any part of the Sites, remove any person from all or any part of the Sites or prohibit any person from using all or any part of the Sites for any reason whatsoever. Apex reserves the right, in its sole discretion, to limit or terminate your access to or use of all or any part of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Apex may be entitled at law or in equity.
You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
Your Submissions to the Sites
You acknowledge that you, and not Apex, are responsible for any material or message you may submit via the Sites (including any components of the Site administered by third parties, such as tools that allow you to interact with the Sites through Facebook and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.
If you do submit material, and unless we indicate otherwise, you grant Apex an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Apex is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Apex. You grant Apex the right to use the name you submit in connection with such material, if it so chooses. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Apex for all claims resulting from content you supply.
You agree that Apex will not be liable for any ideas used in its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Apex operations with such Submissions. Without limitation, Apex will have exclusive ownership of all present and future existing rights to any submission of material of every kind and nature everywhere. Apex will be entitled to use material submitted for any commercial or other purpose whatsoever without compensation to you or any other person sending the submission.
Conduct on the Sites
Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the all or any part of Sites you agree to provide true, accurate, current and complete information about yourself.
Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Apex immediately. Apex may assume that any communications Apex receives under your password have been made by you unless Apex receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Apex®. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Apex express written consent. Further, you may not utilize any content from all or any part of the Sites in any meta tags or any other “hidden text” techniques or technologies without Apex express written consent.
The Sites may contain links to other websites, including for example concerning Apex online ordering and the Email Club, that are not maintained or related to Apex, and operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein and are not sponsored by or affiliated with Apex, its website or any of its Sites. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Apex is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. The links are to be accessed at the user’s own risk, and Apex makes no representations or warranties about the content, completeness, or accuracy of these links or the websites hyper-linked to this Site.
Cancellation & Refund Policies
Apex hopes everyone who schedules an event at an Apex Entertainment Center will be able to attend; however, Apex knows extenuating circumstances do occur. The Apex Cancellation and Refund Policies are as follows:
Event Cancellation and Refund Policy
The Apex Cancellation and Refund Policy will be as follows to assure consistency and is applicable to events booked at Apex. All events sales once booked are final.
Apex, at its sole discretion may provide a credit towards another future event or gift cards of equivalent value to an Apex Center for future use.
In the event Apex must cancel an event due to Unforeseen Circumstances (as such term is defined hereinbelow), Apex may, at its sole discretion, refund the cost of the event. Such refund shall extinguish any further risk, charge, expense, cost or liability for Apex, as Apex does not assume responsibility for any additional costs, charges, risk, liability or expenses; including but not limited to charges made for travel and lodging.
“Unforeseen Circumstances” as used herein shall mean, refer to, describe and include an event that is unexpected and prevents Apex from continuing with an event. Examples of such circumstances can include, but are not limited to, inclement weather or other natural disasters, pandemic or epidemic or other outbreaks affecting public health, civil unrest, site unavailability, technology challenges, and government order concerning any or all of the above.
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. APEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY DATA OR INFORMATION YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION. APEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APEX OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APEX NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, APEX REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF APEX OR ANY OF ITS SUPPLIERS OR THIRD PARTY VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER APEX NOR ITS SUPPLIERS OR THIRD PARTY VENDORS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH APEX IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND APEX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Apex and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and costs, arising or resulting from your use of all or any part of the Sites and any violation of these Terms and Conditions. If you cause a technical disruption of all or any part of the Sites or the systems transmitting such Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Apex reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Apex in the defense of such matter.
Jurisdiction and Applicable Law
The laws of the Commonwealth of Massachusetts govern these Terms and Conditions and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in Suffolk County in the Commonwealth of Massachusetts for any action arising out of or relating to these Terms and Conditions. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of Massachusetts and of the United States. If any material on the Sites, or your use of all or any part of the Sites, is contrary to the laws of the place where you are when you access it, the Sites (or any part affected thereby) is not intended for you, and we ask you not to use such Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Apex reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, by posting revised terms on the relevant Sites. It is your responsibility to check periodically for any changes we make to the Terms and Conditions. Revised terms will take effect immediately after their publication on the relevant Sites and will apply only on a going-forward basis. Your continued use of all or any part of the Sites after that point signifies that you accept the changes.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on the website or any of the Sites constitute the entire agreement and understanding between you and Apex with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
TERMS AND CONDITIONS FOR APEX CARDS
For purposes of these Terms and Conditions, “Apex Entertainment” is defined as the businesses, located throughout the United States, currently known and operating as Apex Entertainment and shall include, but not necessarily be limited to, Apex Entertainment LLC, Apex Entertainment CM Albany LLC, Apex Entertainment DM Syracuse LLC and Apex Entertainment TC Virginia, LLC.
The following Apex Entertainment Gift Card Terms and Conditions, together with any additional terms on the Card (this “Agreement”) describe the terms and conditions that apply to use of (i) Apex Entertainment gift cards (including electronic gift cards (“egift Cards”)) (“Gift Cards”) and Associate Discount Cards (“Associate Cards”)(if applicable), in the United States and (ii) use of Apex Entertainment promotional, bonus coupon and incentive cards (“Promotion Cards”) in the United States. Gift Cards, Associate Cards and Promotion Cards are sometimes referred to interchangeably and collectively as “Cards”. This Agreement is between you (the “Cardholder”) and the issuer of the Card (“Issuer”). The Issuer shall be defined as follows: 1) for Cards purchased or obtained at the Apex Entertainment location in Marlborough, MA (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment, LLC; 2) for Cards purchased or obtained at the Apex Entertainment location in Albany, NY (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment CM Albany, LLC; 3) for Cards purchased or obtained at the Apex Entertainment location in Syracuse, NY (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment DM Syracuse, LLC; 4) for Cards purchased or obtained at the Apex Entertainment location in Virginia Beach, VA (or at a promotion or event sponsored by such location) the Issuer shall be Apex Entertainment TC Virginia, LLC; and 5) for Cards purchased online at https://www.apexentertainment.com/, the Issuer shall be Apex Entertainment, LLC. By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If there is a conflict between the terms and conditions set forth herein and the terms on a specific Card, these terms and conditions shall control. If you do not agree with this Agreement, do not purchase, use or accept the Card.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.
1. About Your Card
The Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. Issuers’ affiliates, subsidiaries, parent entities and other related entities (“Affiliates”) bear no responsibility or liability for any Card, and you hereby knowingly release Affiliates from any and all liability or claims of any nature whatsoever arising in connection with the Card. Gift Cards can be purchased at participating Apex Entertainment locations in the United States, or online (if/when the functionality for such purchase is available to you at Issuer’s discretion) at https://www.apexentertainment.com/ . Gift Cards are only valid if obtained from a participating Apex Entertainment location or from https://www.apexentertainment.com/ (if/when the functionality for such purchase is available to you at Issuer’s discretion). Associate Cards, to the extent the same are offered at any time and from time to time, are able to be purchased only by associates employed by Apex Entertainment and only in the manner made available by Apex Entertainment. Promotion Cards may be provided to you as a promotion in connection with the purchase of a Gift Card or in connection with another promotion at participating Apex Entertainment locations or eligible promotional event location as determined by Issuer in Issuer’s discretion. Promotion Cards are not Gift Cards and are not able to be purchased. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards.
2. Balance Inquiry
For balance inquiry, visit any participating Apex Entertainment in the United States. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.
Gift Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Associate Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Promotion Cards expire on the date set forth on the Promotion Card, and any applicable inactivity or service fees are also identified on the Promotion Card. Issuer reserves the right to cancel any Promotion Card at any time, for any reason and without advance notice. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
Cards are redeemable only for purchases of food, beverages and other goods and services and related fees and charges, if any, identified by Apex Entertainment from time to time, and may be redeemed online at https://www.apexentertainment.com/ or at participating Apex Entertainment locations in the United States. Cards have no cash value and may not be redeemed for cash except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.
Gift Cards may be reloaded with value. Promotion Cards cannot be reloaded with value at this time.
6. No Refunds
Cards are not refundable or redeemable for cash unless required by law and may not be returned or cancelled (e.g., in connection with a cancelled order or otherwise).
7. Lost, Damaged Or Stolen Card
The value of any lost, damaged or stolen Card, or any Card altered or used without authorization, will not be replaced or replenished, except in limited circumstances with proof of purchase. If you suspect someone has copied or stolen your Card, call 978.692.9450 immediately.
The maximum value that can be associated with any one Gift Card is two hundred dollars ($200.00) and total purchases of Gift Cards for any one individual may not exceed (i) five hundred dollars ($500.00) in one calendar day with respect to online purchases of Gift Cards directly from Apex Entertainment on https://www.apexentertainment.com/ (if/when the functionality for such purchase is available to you at Issuer’s discretion), and (ii) two thousand dollars ($2,000.00) in one calendar day with respect to all other purchases of Gift Cards. Without the prior written consent of Apex Entertainment, Cards cannot be resold or transferred for value and such Cards are void if resold or transferred for value. Promotion Cards may also have additional restrictions as set forth on the Promotion Card.
9. Our Privacy Policies
10. Mandatory Binding Individual Arbitration
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.
You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You and Issuer agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Apex Entertainment LLC and its affiliates, subsidiaries, parent entities and other related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
B. ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available online from JAMS at or 800.352.5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, which can be found at the applicable Secretary of State’s database in the state where the Issuer is located.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
11. Limitation Of Liability
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
12. Governing Law
The laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
13. Changes To Agreement
Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement online at this page.
14. Fraud/Violation of Terms
Issuer reserves the right to refuse to honor a Card where Issuer suspects that (i) the Card was obtained fraudulently or (ii) the Card was obtained/used in violation of this Agreement. If your Card is rejected, you may contact us at 508.251.8666.
How to Contact Us
If you have any questions or comments about these Terms and Conditions or the Site, or if you believe that something on the Site violates the Terms and Conditions, please contact us through the “Contact Us” section of the Site or by phone at 978.692.9450. You also may write to us at:
Apex Entertainment LLC
4 Lan Drive, Suite 300
Westford, MA 01886
NO PURCHASE NECESSARY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
YOU HAVE NOT YET WON OR BEEN SELECTED TO RECEIVE A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
RA Ventures and or its affiliated companies, 4 Lan Drive, Suite 300, Westford, MA 01886 (“Sponsor”) is the Sponsor and Administrator/Promoter of the sweepstakes (the “Sweepstakes”). Any questions, comments or complaints regarding the promotion should be directed to the Sponsor at RA Ventures, Marketing Department. 4 Lan Drive, Suite 300, Westford, MA 01886.
2. HOW TO ENTER
NO PURCHASE IS NECESSARY AND A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. To participate in the Sweepstakes, you may enter as many times as you would like via the following methods:
a. Automatic Entry. The Sweepstakes must be entered by submitting an entry using the online form provided on this site or by logging in at the appropriate event. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple e-mail addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of the Sponsor. Some giveaways will allow daily entries. Daily entry giveaways will always be labeled as such.
b. Live Entry. Live entries must be submitted in person or on-line on the day of the event on the form provided at the event.
All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, damaged, misdirected or postage-due entries, which will be disqualified.
3. ELIGIBILITY REQUIREMENTS
The Sweepstakes is open to persons who are legal residents of the United States, excluding residents of Florida, who are at least 18 years of age or older as of the day or the sweepstakes.
This promotion is subject to applicable federal, state, and local laws and regulations. This promotion is void in Florida and wherever prohibited or restricted by law, including, but not limited to, Puerto Rico, U.S. Virgin Islands, and U.S. military installations located in foreign countries.
The following persons are not eligible to participate or win: Employees, directors and officers of Sponsor and any of its affiliates, parents, subsidiary companies, other related entities and advertising and promotion agencies, and members of the immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household, of any of the foregoing.
By participating in the Sweepstakes, or being selected as a potential prize winner, all entrants and potential/confirmed winners hereby consent to the use by Sponsor, including but not limited to Sponsor’s affiliates, parents, franchisees, subsidiaries, and advertising and promotion agencies (“the Sponsor Marketing Group”) of entrant’s personal information including but not limited to, name, likeness, opinions, images, statements and/or other indicia of persona, and personally identifiable information (collectively “Likeness”), for any and all uses and purposes (including, without limitation, for purposes of advertising and trade) in any media now known or hereinafter developed in any manner throughout the world (including, without limitation, the World Wide Web and on-air) in perpetuity without additional consideration (where legal), consent or prior review, and upon request will provide written consent to such use.
By entering the Sweepstakes you represent that you are eligible to participate in the Sweepstakes and receive any prizes should you be selected as a winner.
5. ODDS OF WINNING
Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period.
6. DESCRIPTION OF PRIZE, NUMBER OF PRIZES, AND APPROXIMATE RETAIL VALUE (“ARV”)
Prizes: The approximate retail value of all prizes is between $5-$150. You are not guaranteed to win a prize and your chance of winning is dependent on the total number of eligible entries received. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Sponsor to use winner’s name, likeness, location and entry for purposes of advertising and trade without further compensation unless prohibited by law. Prize substitution is at the sole discretion of the Sponsor. Substitutions will be of equal value.
7. WINNER SELECTION AND NOTIFICATION
Prize Winner(s) will be selected by random drawing of names from all eligible entrants.
All Sweepstakes decisions and interpretation of these Official Rules are in Sponsor’s sole discretion and are final.
The random drawing will occur during or directly after specific events or at the place and time of Sponsor’s choosing.
Potential Prize winner(s) will be notified by the same method that they submitted their entry form (unless entrant expressly provided an alternative postal address, email address or phone number, in which case winners shall be notified through such postal or email address or phone number) and are required to respond to such notice within a forty-eight (48) hour period or be subject to disqualification by Sponsor. If a preferred method of contact has not been stated Sponsor will use the available contact methods it has on record, if any.
The Potential Prize Winner(s) must respond to email or voicemail notification within forty-eight (48) hours of the third attempted notification or he/she will forfeit the Prizes. If Sponsor is unable to contact the Potential Winner, Sponsor will select an alternate Potential Winner by random draw. Alternate Potential Winners are subject to all requirements set forth in these Official Rules. A Potential Winner becomes a Winner upon Sponsor determination that the Potential Winner has met all eligibility requirements, additional restrictions and conditions all to Sponsor’s satisfaction.
Sponsor will send the applicable Prize to the Winner, via US Mail or other nationally recognized courier service, within 30 days of becoming a Winner. In the event that the Prize is mailed, the Winner assumes the risk of its loss. Sponsor is not responsible for the safe arrival of Prizes.
All results of the selections are final and binding, subject to these Official Rules. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the Prizes, the Prizes may be forfeited and awarded to an alternate winner. If by reason of a printing, computer or other error, more Prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a computerized random selection to award the advertised number of Prizes available. No more than the advertised number of Prizes will be awarded.
8. ADDITIONAL RESTRICTIONS AND CONDITIONS APPLY
By submitting a physical or mail-in entry, the entrant accepts all Sweepstakes rules and agrees to be bound by the decisions of Sponsor. Sponsor reserves the right to disqualify an entrant if it has reason to believe an entry is not valid or if the entrant refuses to be bound by the Official Rules.
By participating in the Sweepstakes, where permitted by law, the Winner(s) agree to give Sponsor full rights to use the Winner’s name, voice, likeness and image in any medium for advertising, broadcasting, and publicity relating to this Sweepstakes, without additional financial or other compensation. Participants further agree to sign a publicity release confirming such consent prior to acceptance of the Prize, although failure to sign shall revoke participant’s or winner’s consent provided hereunder and by participation in the Sweepstakes.
Prior to awarding any prize or prize certificate, Sponsor may require Winner(s) to sign a liability release, agreeing to hold Sponsor, including but not limited to its related companies and licensees, its parent, subsidiary and affiliated corporations and/or entities, and each of their respective officers, directors, members, managers, shareholders, insurers, lenders, employees, attorneys, representatives, agents and assigns (collectively, the “Sponsor Released Parties”) harmless against any and all claims or liability relating to or arising directly or indirectly from the prize or participation in the Sweepstakes.
The Sponsor Released Parties and their Internet servers or access providers are not responsible for lost, stolen, misdelivered, illegible, mutilated, indecipherable, altered, defective, incomplete, incorrect, inaccurate, postage due or late entries, due to human error or otherwise; entries that are delayed or are not received or not processed due to telephone, network, electronic or computer hardware or software failure, technical malfunctions or problems of any kind; or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading of any material in this Sweepstakes. Proof of e-mailing and/or registering does not constitute proof of delivery or receipt of the entry or that Sponsor actually received it by the entry deadline. Additionally, Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry.
By participating in this Sweepstakes you agree that the Sponsor Released Parties (a) shall not be responsible or liable for, and hereby release the Sponsor Released Parties from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. You further agree that the Sponsor Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor Released Parties; or (3) by any other cause, condition or event whatsoever beyond the control of the Sponsor Released Parties. UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND BY PARTICIPATING IN THE SWEEPSTAKES YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO ANY PARTICIPANT OR PRIZE WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL PARTICIPANT IN THIS SWEEPSTAKES.
As a condition of participating in the Sweepstakes, each entrant, including their agents, agents representatives, servants, trustees, heirs, or permitted assigns, agrees that: (1) all issues and questions concerning these Official Rules and the Sweepstakes shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules; (2) should there be a conflict between the laws of the Commonwealth of Massachusetts and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Massachusetts; (3) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class or collective action, and exclusively by a court located in the Commonwealth of Massachusetts; (4) in any cause of action, the Sponsor Released Parties liability will be limited to the cost of entering and participating in the promotion, and in no event shall the Sponsor Parties be liable for attorney’s fees, punitive, incidental, or consequential damages, or multiple or increased damages.
Sponsor is not responsible for typographical or other errors in the printing, the offering or the administration of the Sweepstakes, or in the announcement of a Prize. Any dispute, claim or controversy arising under or in connection with this Sweepstakes, including but not limited to i) any dispute, claim or controversy arising out of the Sweepstakes, ii) the awarding or redemption of any prize, and/or iii) the determination of the scope or applicability of these Official Rules or their enforcement, arbitrability or interpretation entrant may have against the Sponsor (each, a “Claim”) shall be resolved exclusively by final and binding arbitration, conducted before an arbitrator in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association then in effect. The award of the Arbitrator shall be final and binding on all parties and judgment may be entered upon it in any court having jurisdiction thereof, and the prevailing party shall be entitled to costs and reasonable attorney’s fees arising out of such Arbitration. This arbitration provision is an agreement to arbitrate made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”). The arbitration shall be conducted under the following terms:
The arbitration shall be held in Massachusetts.
The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes.
The arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized by law.
There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
The arbitrator shall not have the power to award punitive damages against the entrant or Sponsor.
In the event that administrative fees and deposits that must be paid to initial arbitration against Sponsor exceed $125, and entrant is unable (or not required under the rules of the AAA) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and /or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration provision from being cost prohibitive, With the exception of subpart iv above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal or otherwise conflicts with the rules of the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart iv is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither the entrant nor Sponsor shall be entitled to arbitrate their dispute.
It is the entrant’s responsibility to enter in the appropriate manner. Each entrant is responsible for all costs or charges involved in accessing the Web, any Web site(s) or any other charges or fees and warrants that the cost of accessing the site or any other charge or fee, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost.
Sponsor operates family entertainment centers, and values the safety and the positive experience of its patrons, guests, invitees and employees. Entrants and potential entrants agree that, in connection with the Sweepstakes, they will not damage, disrupt or interfere with the normal operation of any Sponsor.
Any attempt to deliberately damage, disrupt or interfere with the normal operation of Sponsor Web site, Social Media accounts or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
An entrant will be disqualified if Sponsor determines in its sole discretion that the entrant has or has attempted to tamper with entries; has or has attempted to damage, disrupt or interfere with the entry process, the operation of the Sweepstakes, Sponsor Web site, Social Media accounts or any Sponsor restaurant; or has violated the Official Rules.
If for any reason any portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, worms, bugs, malicious or injurious code, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes (or any portion thereof). Should the Sweepstakes (or any portion thereof) be terminated prior to the stated expiration date, notice will be posted as Sponsor sees fit, and any unawarded prizes will be awarded via random drawing from among all non-suspect, eligible entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. The Sponsor further reserves for itself the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend the Sweepstakes for that or for any other reason. Should any portion of the Sweepstakes be terminated prior to the date of the promotion, Potential Grand Prize Winners may be drawn from eligible entries received up to the time of termination.
9. USE OF INFORMATION
10. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. The decisions of the Sponsor are final and binding on all matters relating to this Sweepstakes.
11. COPIES OF RULES AND WINNER LIST
For a list containing the names of the Winners and the actual number of eligible entries received, send a self-addressed stamped envelope, within two (2) years of the end of the Sweepstakes Period to:
Attn: Winner List and / or RULES
4 Lan Drive, Suite 300
Westford, MA 01886
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