Information Collection and Privacy Notice
Apex Entertainment LLC (“Apex”) believes that the privacy of personal information is a serious matter. This Privacy Notice applies to our use of personal information that we may collect and that you may provide to Apex at Apex Entertainment Centers in the United States, through Apex website or by social media, by text messaging, and in email exchanges of information (collectively referred to hereinafter as the
“Sites”). This Privacy Notice describes the types of personal information we collect through the Sites, how we may use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices. By visiting our Site, and/or sharing any information with us, you accept our practices as set forth in this Privacy Notice.
Personal Information We May Collect
We may obtain certain personal information from you through our Site, including via on-line surveys, activities that require online registration, “contact us” and comment features, purchase of Company products, sweepstakes and contests, social media communications and special promotions. The types of personal information we may collect include, but are not limited to:
- · Contact information, such as your name, postal address, e-mail address, and telephone number;
- · Names, postal addresses, e-mail addresses and telephone numbers of others to whom you ask us to send information;
- · Username and password to access Apex products and services online;
- · Payment information (such as payment card details, financial account informationand billing address);
- · Birth date;
- · Online order history;
- · Information about your education, work and military history, legal work eligibilitystatus, and other information relevant to specific jobs for which you may apply; and
- · Other personal information you may provide to us.
Automated Information We May Collect
In addition to the personal information discussed above, when you visit our Site or Sites we may collect certain information by automated means, such as cookies and log files, as well as through internet-based advertising. The information we collect in this manner includes IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our Sites, and dates and times of website visits.
Cookies, Web Beacon and Clickstream. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon”, also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream
data”, which is a log of content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an e-mail we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites.
Log Files. We may also obtain log files. An IP address is a number that is automatically assigned to your computer whenever you are surfing on the Web. Web servers automatically will identify a computer by its IP address. We use IP addresses to analyze trends, administer the site, track users’ movement and gather broad demographic information for aggregate use. Again, IP addresses are not linked to personally identifiable information.
Operating Systems. We may also automatically collect information on an anonymous basis about your use of services, including the type of operating system in use (e.g. Apple OS X, Microsoft Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari, Chrome), access times, pages viewed, and the page you visited before navigating to Apex Sites.
Mobile App. Additionally, use of the Apex mobile site or application (e.g. iOS or Android devices) may result in the collection of additional information about you such as your proximity to a Apex GPS location. To provide location-based services related to our business, Apex may collect, use, and share your precise location data. This location data is collected anonymously in a form that does not personally identify you and is used by Apex and our partners and licensees to provide and improve location-based products and services. See also our “Do Not Track Policy” below.
Social Network Sites. If you use Site features operated by third-party social networking services (such as Facebook), we may receive information you have made available to those services, including the geographic location of your mobile device and other information about you (such as name, email address, gender, locale, time zone, languages, social media profile URL, personal website URL, biographical information, birthday, photo, list of devices, education history, work history, hometown, interests, current city, political views, favorite athlete and teams, relationship status and information, religion, name of significant other, and certain security settings information) and your contacts on those services. Some of these social networking services allow you to push content from our Sites to your contacts or to pull information about your contacts so you can connect with them on our Sites. Some of these services also will facilitate your registration for our Sites or enhance or personalize your experience on our Sites. You should make sure you understand the information your third-party social networking services may make available to our Sites. We may use and disclose the personal information we receive on our Sites through third-party social networking services as described in this Privacy Notice.
Internet-Based Advertising. On the Site, or Sites we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Notice provides details and explains how to exercise your choices.
Sometimes third parties unaffiliated with us may conduct marketing campaigns where they offer gift cards to our locations, which they have purchased separately, as inducements to enroll in their programs, complete surveys or take other actions. In such cases, requests directed to us to opt out of further communications will not be effective, as we have no control over the activities of such third parties.
Use of the Information We Collect
Apex may use the information we obtain through the Sites to:
- · Create and manage your account, which may include, but is not limited to eClub, online ordering, employment, consumer panels, feedback;
- · Offer and provide products and services to you;
- · Process and collect payments for gift cards and/or other Apex products or services;
- · Communicate about, and administer your participation in, special events, programs,surveys, contests, sweepstakes, and other offers or promotions;
- · Combine it with information we receive offline to send you offers or promotions;
- · Respond to and communicate with you about your requests, questions andcomments;
- · Manage your application for employment with Apex and contact you in connectionwith potential employment opportunities;
- · Process claims we receive in connection with our products and services;
- · Operate, evaluate and improve our business (including developing new products andservices; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and Sites; and performing accounting, auditing, billing, reconciliation and collection activities);
- · Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization of personal information);
- · Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
- Comply with and enforce applicable legal requirements, relevant industry standards and our policies.
In addition, we use information collected online through cookies, local shared objects (also known as “Flash cookies”), web beacons and other automated means for purposes such as: (i) customizing our users’ visits to our Sites, (ii) delivering content (including advertising) tailored to our users’ interests; and the manner in which our users browse our Sites, and (iii) managing our business. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer our Sites, identify users of our Sites, and gather demographic information about our users. We use clickstream data to determine how much time users spend on web pages of our Sites, how users navigate through our Sites, and how we may tailor our Sites to better meet the needs of our users.
We may use third-party web analytics services on our Sites, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Sites. The information collected through these means (including IP address) is disclosed to these analytics providers, who use the information to evaluate use of the Sites. To learn more about Google Analytics and how to opt out, please visit: www.google.com/analytics/learn/privacy.html. We may combine information we collect from you with information we receive from third parties and use it for the purposes described in this Privacy Notice. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
You can manage what cookies are set on your device. There are different ways you can opt out of cookies. For example, you may be able to remove or disable cookies from through your web browser. The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You also may opt out of targeting or advertising cookies through websites of other third-party organizations such as for example the Digital Advertising Alliance or the Network Advertising Initiative www.aboutads.info/choices. Please be aware that whether and how you opt out cookies may affect the functionality of Apex site.
Disclosure of the Information We Collect
Apex will not share, sell, rent, loan, trade, lease or otherwise disclose any personal information collected through our Sites, including membership forms or email lists, except as disclosed in this Privacy Notice.
When you post a comment on our blogs, Apex website, or our social media channels we may publish your name and user ID on the blog with your comment. Furthermore, if you choose to opt-in to receive future offers and updates by text messaging, email or otherwise your information will be kept in a secure database in order to alert you via e- mail to new features, special offers, updated information and new services.
At times, we may be working with third-party companies to support the technical operation of the Site or to execute a specific promotion or program. If the information is to be shared with any third party for the purposes of executing a specific promotion or program, the details will be clearly communicated in the program’s rules, and the third party will have no right to use the personally identifiable information except as necessary to perform services on our behalf or comply with legal requirements. In support of this policy, Apex will make reasonable efforts to enter into written agreements with all third parties to ensure that they will meet privacy standards, including the privacy standards of Children’s Online Privacy Protection Act (COPPA) and the U.S. Commerce Department Safe Harbor provisions.
We also may disclose information about you (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).
Do Not Track Policy
Our website is not designed to respond to “do not track” signals received from browsers.
Links To Other Websites
Our Sites contain links to other websites for your convenience and information, including for example gift card purchases, online ordering and the Email Club through the website. These websites are operated by companies not affiliated with Apex, and it is highly likely that these companies will have access to the information you share with Apex to the extent such websites are used Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with Apex or for any use of those websites, or for the privacy practices of those websites. Furthermore, Apex is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to Apex.
How We Protect Personal Information
Apex takes reasonable and appropriate precaution to protect user information. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, Apex cautions that no network is entirely secure.
Apex maintains email lists to keep apexentertainment.com members informed about
breaking events. Individuals must affirmatively ask to join our mailing lists during site registration or by contacting Apex staff directly using the form found in the “Contact Us” section of the Site. We do not sell, rent, loan, trade, or lease the addresses on our list to anyone. In addition, we configure our list server software to refuse to divulge the email addresses of our list subscribers to anyone but authorized Apex staff, including other list subscribers.
Correcting Personal Information
If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will make reasonable efforts to provide a way to correct, update or remove that user’s personal data provided to us. If you would like to update information we have about you or your preferences, you should contact Apex as set forth below.
Furthermore, users who initially opt-in for future offers and updates, who no longer wish to receive our future offers or other promotional materials may subsequently opt- out of receiving these communications by following the specific opt-out instructions found within the communication in question.
Updates To Our Privacy Notice
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our practices for collecting personal information. We will post a notice on our Site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice the effective date of the policy. You should periodically review this page to ensure that you are familiar with the most current version of this Privacy Notice.
Apex takes seriously its obligations under the Children’s Online Privacy Protection Act (“COPPA”) concerning the collection of personal information from children under the age of 13. Apex Site is not targeted to children under the age of 13 and we do not knowingly collect personal information from children under the age of thirteen on our Site. Parents should be aware that information that is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards, social media sites or the like may be used by other parties to generate unsolicited email or other contacts. The Company encourages all parents to instruct their children in the safe and responsible use of the Internet.
How To Contact Us
If you have any questions about this Privacy Notice, or if you would like us to update information we have about you, 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
TERMS AND CONDITIONS OF USE
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 is 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 Refund and Cancellation Policy
1. 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
b. 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.
c. 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.
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.
- SPONSOR: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.
- 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 in accordance with the guidelines of the particular sweepstakes which may include via the following methods:
- Automatic Entry. If applicable, the Sweepstakes may 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.
- Live Entry. If applicable, 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.
- 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.
- Acknowledgement: 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.
- ODDS OF WINNING: Odds of winning depend upon the number of eligible entries received during the Sweepstakes Period.
- 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.
- WINNER SELECTION AND NOTIFICATION:
- Prize Winner(s) will be selected by random drawing of names from all eligible entrants in the
- 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.
- 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, claimor 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 awardof 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 June 20, 2020, Potential Grand Prize Winners may be drawn from eligible entries received up to the time of termination.
- 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.
- 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