TERMS & CONDITIONS

The Dave & Buster’s Rewards™ Program (the "Program") is a customer recognition program that rewards members for their food, beverage purchase and their Game Chips played (subject to certain exclusions described below). By becoming a member and participating in the Program you gain status, or level up, when you play Game Chips (“Game Play Chips” or “Game Chips”) or receive rewards/offers through the purchase of food and beverages at Dave & Buster’s Participating Locations (“Participating Locations”). The Program is offered only at participating U.S. Dave & Buster's locations. The rewards, benefits, and other aspects of the Program cannot be earned or utilized and are not applicable at any other Dave & Buster's locations or in conjunction with any other rewards programs that may be offered by Dave & Buster's.

 

These terms and conditions (the "Terms & Conditions" or this "Agreement") govern membership in the Program. These Terms & Conditions are applicable only to the Program and not to any other rewards program that may be offered by Dave & Buster's. Enrollment, membership, and all related benefits of the Program, including all administration related thereto, are offered to you by Dave & Buster's, Inc. ("Dave & Buster's", "we," "us," "our," "ours") at Dave & Buster's sole discretion. By enrolling in the Program and/or using the Program the member or user ("you," "your," "yours," "member(s)") agree(s) to be legally bound by these Terms & Conditions and such membership or use shall be subject to these Terms & Conditions, as they may be amended from time to time. The Program is subject to change or cancellation at any time by Dave & Buster's in its sole discretion, without prior notice.

 

ELIGIBILITY

Membership is free. There is a limit of one membership per person. Full Rewards membership is open to United States residents who are at least 17 years of age. Those between the ages of 13 and 16 years of age may join our email program and promotional messages and offers. Void where prohibited or restricted by law. Membership is non-transferable.

 

By applying for membership in the program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions (“terms”).

 

ENROLLMENT

To enroll and receive the full benefits of the Program, you must obtain a Dave & Buster's Power Card® ("Power Card") and register that Power Card with Dave & Buster's (i.e., have a "Registered Power Card"). Power Cards can be obtained at a Participating Location or purchased in the Dave & Buster’s app. Limit of five Power Cards per Rewards account. You have to remove a card before you can add another if you have reached the limit of five cards. To register your Power Card, follow the instructions given for registering your Power Card in the Dave & Buster’s app. New cards can be registered automatically when purchased at a kiosk and a valid rewards phone number is provided.

 

Please Note: You must register your Power Card number in order to fully enroll and become a member and for full Program benefits to apply. Membership begins upon activation of your account, which in most cases will be immediately following our receipt of your fully completed registration form within the app, which includes your Power Card number. You may only enroll in the Program for yourself and may only participate in the Program using your own account.

 

Please Further Note:  By enrolling in The Program, you are also automatically enrolling in Gambit Rewards, accessible through The Program through your individual mobile account.  See Gambit Rewards’ Terms & Conditions for more information.

 

USING YOUR REGISTERED POWER CARD®

Your rewards associated phone number or Registered Power Cards are your proof of membership in the Program and must be presented to a team member at a Participating Location in order to earn Game Chips for a Qualifying Purchase other than Power Card purchases or recharges. Limit of five Power Cards per Rewards Account. You must remove a card before you can add another if you have reached the limit of five Power Cards. Lost or stolen Registered Power Cards can be replaced. If a Registered Power Card is lost or stolen, it is the member's responsibility to notify us immediately by calling (844) 515-5157. Dave & Buster's is not responsible for any Rewards or Game Play Credits used on a stolen or lost Registered Power Card that has not yet been reported as provided herein. Replacement cards can be issued at the front desk at Participating Locations.

 

Dave & Buster's tracks your Qualifying Purchases on your Rewards Account. Any offers and rewards earned/received are maintained within your rewards account. Offers can be redeemed within the Dave & Buster’s app or through a team member at the point of sale or front desk. Keep and present your Registered Power Card or rewards phone # to your server at a Participating Location to identify yourself as a Rewards member in order to receive Game Chips for your Qualifying Purchases. This should be done at the end of each meal but prior to payment. Game Chips cannot be awarded after the associated bill has been paid if the Registered Power Card was not presented, the member did not provide his phone number as identification, or the member’s QR code in the app was not shown prior to payment.

 

Qualifying Purchases

 

Qualifying Purchases include the purchase at a Participating Location of food and beverages, except for those items described below as Non-Qualifying Purchases.

 

Non-Qualifying Purchases

 

Qualifying Purchases shall not include any of the purchases or items described below ("Non-Qualifying Purchases"):

• *Liquor – unless a minimum of $5.29 of food on same check
• *Beer – unless a minimum of $5.29 of food on same check
• *Wine – unless a minimum of $5.29 of food on same check
• Special Events – including Party Rental, Room Charge, Mystery Dinner Show fee and deposits, prepaid deposits, Accts Receivable, and/or promotional events
• Power Card activation fee
• Power Card Game Chips – purchase or recharges
• Billiards
• Bowling
• Purchases of gift cards
• Otherside VR
• Virtual World
• Ground Zero
• Cinema
• Mystery Dinner
• Player Lounge rental
• Cover charge
• Coat check charge
• Miscellaneous revenue and charges and other Revenue
• Sales tax, other taxes, or fees mandated by law
• Gratuities
• Delivery charges
• Purchases of gift cards
• Utilizing a gift card for Power Card purchases or recharges

 

Other exclusions may apply, including alcohol, where prohibited by state and local laws.

 

*Chip accrual and redemption on alcohol purchases, including alcohol purchases with food on the same check, is strictly prohibited within the state of Pennsylvania.

 

Dave & Buster's reserves the right to add other Non-Qualifying Purchases from time to time in its sole discretion.

 

 

PROGRAM BENEFITS

Welcome Gift

Upon joining, new Members will receive a welcome gift delivered to their app. The Welcome Gift may change at any time, subject to Dave & Buster’s discretion.

 

Tiers

 

By becoming a member and participating in the Program you gain status, or level up, when you play Game Chips (“Game Chips”) at the Participating Locations. There are three tiers of membership in the Program: Player, Icon, Legend. Each tier has three levels. Levels and rewards are earned by playing Game Chips. Game Chips that count toward leveling up include, but are not limited to, Bonus Chips, Courtesy Chips, EatNPlay Chips, Loyalty F&B Chips, Loyalty Free Promo Chips, Loyalty Game Promo Chips, Marketing Chips, Party Bonus Chips, Party Courtesy Chips, Party EatNPlay Chips, Party Regular Chips, Regular Chips, and Reward Chips. Chips that do not count toward level up include, but are not limited to, Attraction Chips, Coupons, Employee Chips, Free Game Play Chips, Party Attraction Chips, Party Redemption Time Chips, Party Time Chips, Party Unlimited Play Chips, Redemption Time Chips, Service Chips, Time Chips, and Unlimited Play Chips.

 

Achieving Icon or Legend status is dependent upon number of Game Chips played, as explained below. All membership tiers enjoy a variety of benefits made available by Dave & Buster’s in its sole discretion from time to time (“Benefits”). Benefits may vary by tier, and some tiers may have more Benefits than others. The type, timing, and availability of any Benefits (including Rewards (as defined below), special offers, sweepstakes, one-of-a-kind experiences, exclusive events, and advance access) will be determined by Dave & Buster’s in its sole discretion.

 

Tiers
 

Player Status

Level 1 - N/A

Level 2 - 300 Chips Played 

Level 3 - 800 Chips Played

 

Icon Status

Level 4 - 1,400 Chips Played

Level 5 - 2,100 Chips Played

Level 6 - 3,000 Chips Played 

 

Legend Status

Level 7 - 5,000 Chips Played

Level 8 - 10,000 Chips Played

Level 9 - 20,000 Chips Played 

Dave & Buster’s may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law.

 

Earning on Food & Beverages

 

Purchases of food and beverage, except alcohol where prohibited by local and state law, earn Game Chips. A maximum of 50 Game Chips can be earned each day for Food & Beverage purchases and must be in the same transaction. All transactions within four hours from the first transaction of the day are counted towards the maximum of 50 game chips. Any alcohol purchased will not qualify unless permissible by local and state law and purchased along with a minimum of $5.29 food purchase within the four hour period. $1 = 1 Game Chip, rounded down $0-0.49, and rounded up at $0.50-$0.99. Online and delivery purchases do not earn Game Chips. Any game chips earned on food and beverage purchases will be posted as an offer to the member’s account within 48 hours of the date of the transaction. These offers will have a 60 day expiration date, and once redeemed, the game chips will expire if unused after 45 days.

 

Challenges

 

Members may be offered the chance to complete specific transactional opportunities (“Challenges”), which could result in prizes such as digital content, badges, or bonuses/rewards, such as free game chips, food discounts, or other rewards. Not all Challenges earn bonuses/rewards. Select Challenges may require an opt-in to be eligible for rewards. Some Challenges may have expiration dates, with incomplete challenges by the expiration date disappearing from the app. Challenges have no cash value. All offers earned from challenges will expire 60 days from issuance and any Game Play Chips earned or redeemed from offers received by completing a Challenge will expire within 45 days of issuance.

 

Chips that do not count toward level up include, but are not limited to, Attraction Chips, Coupons, Employee Chips, Free Game Play Chips, Party Attraction Chips, Party Redemption Time Chips, Party Time Chips, Party Unlimited Play Chips, Redemption Time Chips, Service Chips, Time Chips, and Unlimited Play Chips, Chips received from gift card purchases or recharges.

 

MEMBER TIERS

Player Tier

 

All members are automatically in the Level 1 Player Tier upon enrollment. Subject to removal from the Program (as explained below), a member will remain a Player indefinitely unless the minimum number of Game Chips played required to achieve Icon Tier or Legend Tier status is met. Player status is conferred on Dave & Buster’s Rewards members who play zero chips up to 1,399 chips.

 

Icon Tier

 

Icon status is conferred on those registered Dave & Buster’s Rewards members who play a minimum of 1,400 Game Chips during one defined 12 month period (February 1st - January 31st). Icon status is good for the 12 month time period year in which the Dave & Buster’s Rewards member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Icon status and does not qualify for Legend status at the end of the stated 12 month time period, the member will revert to Player status.

 

Icon Tier members receive a 10% Game Chips bonus on any Power Card recharge or new Power Card purchase. Member must enter his phone number or present a linked to link the new card to his account to receive the bonus. Members earn 10% bonus chips on any Power Card purchase or recharge if provided their rewards phone on their transaction, or when using a Power Card linked to a Icon Level Rewards account.

 

Members will not receive 10% bonus chips on any Power Card purchases or recharges paid for with a Gift Card.

 

Legend Tier

 

Legend status is conferred on those registered Rewards members who play a minimum of 5,000 Game Chips during one defined 12 month period (February 1st - January 31st). Legend status is good for the 12 month time period year in which the Dave & Buster’s Rewards member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify for Legend status at the end of the following full calendar year and does not qualify for Icon status, the member will revert to Player status.

 

Legend Tier members receive a 15% Game Chips bonus on any Power Card recharge or new Power Card purchase. Member must enter his phone number or present a linked to link the new card to his account to receive the bonus. Members earn 15% bonus chips on any Power Card purchase or recharge if provided their rewards phone on their transaction, or when using a Power Card linked to a Icon Level Rewards account.

 

Members will not receive 15% bonus chips on any Power Card purchases or recharges paid for with a Gift Card.

 

Status Expiration

 

The date for the “chips played’ reset has been extended through December 31, 2024, for all Dave and Buster’s Rewards members.

 

Members who have achieved Icon status before February 1, 2024, will retain their 10% Game Chips Bonus on any Power Card recharge or new Power Card purchase through December 31, 2024.  Members who have achieved Legend status before February 1, 2024, will retain their 15% Game Chips Bonus on any Power Card recharge or new Power Card purchase through December 31, 2024.

 

Current Player tiered members who achieve Icon status on or before December 31, 2024, will be eligible to receive a 10% Game Chips Bonus on any Power Card recharge or new Power Card purchase.  Current Icon tiered members who achieve Legend status on or before December 31, 2024, will be eligible to receive a 15% Game Chips Bonus on any Power Card recharge or new Power Card purchase.

 

Rewards

 

Each of the levels (2-9) has its own designated reward(s). Dave & Buster’s may offer or change Rewards at its sole discretion. Rewards may vary but are typically Game Play Chips or food. You must be a registered Rewards member in order to receive and redeem a reward.
 

Rewards

 

Player Status

Level 1 - N/A

Level 2 - 48 Game Chips 

Level 3 - Free Appetizer

 

Icon Status

Level 4 -  Free Burger / Handheld

Level 5 - 100 Game Chips

Level 6 - Free Entree 

 

Legend Status

Level 7 - 300 Game Chips

Level 8 - Dinner for Four

Level 9 - Legend Prize Pack 

 

Rewards are earned automatically as you hit a threshold and any offers can be viewed in the Dave & Buster’s mobile app in their offers tab within 24 hours of earning a reward. Rewards earned by leveling up or Game Chips earned through food and beverage purchase will be delivered to a member’s Offers tab within 48 hours. Members who earn a Level 9 reward will be presented with a personalized prize pack redeemable in the WIN!. Rewards are subject to change, alteration, substitution, or termination by Dave & Buster’s in its sole discretion at any time.

 

Dave & Buster's reserves the right to substitute rewards of equal or greater value for any Rewards for any reason. Dave & Buster's and its respective affiliates, subsidiaries, partners, directors, officers, and agents expressly disclaim all warranties of any kind, whether express or implied, with respect to the use of such Rewards. You should not rely upon the continued availability of the Program. All Rewards are available while supplies last and are subject to change and/or revocation without notice.

 

All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned, or exchanged. Dave & Buster’s is not responsible for lost, stolen, or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards.

 

Rewards Redemption

 

When you qualify for a Reward, you will be notified by email and within the app. You can check the status of your Rewards at any time in the offers tab, available in the app. Game Play rewards available for redemption do not require an additional purchase, except if the member opts to redeem a game play offer on a new Power Card. If this happens, member will be charged a $3 activation fee but will receive 15 bonus chips. Rewards can be redeemed in the app or at the point of sales via a Team Member redeemed at a Participating Dave & Buster’s location. Members must submit and maintain accurate user information to receive communication about the Program. Member is responsible for keeping a valid email address on file.

 

Rewards Expiration

 

All Food Offers/Rewards, such as free burgers or appetizers, expire at 60 days if unused. Game Chip offers/Rewards, if not played/used, will expire after 45 days.

 

NOTIFICATION OF BENEFITS

Your Rewards Game Play Credits, and the expiration dates of each, will be maintained on your Registered Power Card and can be checked at any time at an in-store kiosk at a Participating Location, with an employee at a Participating Location, or on the app. Earned Game Play Credits will also be printed in store at Participating Locations on your receipt. When purchasing game play at an in-store kiosk, Game Play Credits will automatically be credited to the recharged Registered Power Card. If recharging multiple Power Cards on one transaction, you will have the opportunity to specify the Registered Power Card that will be credited with the Game Play Credits.

 

Dave & Buster's will also notify eligible members of reward offers and benefits throughout their membership via e-mail and the Dave & Buster’s app. Members must download the Dave & Buster’s app to receive the full benefits of the Program. The Program will use email and the app as the communication channels for providing members with information regarding earned Game Play Credits, Program benefits, Rewards, Program changes, update messages, and all benefits and offers available to members. Members must submit and maintain accurate user information to receive communication about the Program. Such information includes (but may not be limited to) name, address, e-mail address, telephone number, and Registered Power Card number.

 

Members can change their account information by updating their member profile at the kiosk in Participating Locations or through the app. Dave & Buster's does not assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected. Members may opt-out of e-mail communications by logging into the member profile section of the app and selecting the opt-out status, by clicking "unsubscribe" on any email communications, or by contacting us directly at www.daveandbusters.com/contact. However, if you no longer wish to receive email communications and Program benefit notification from Dave & Buster's, you will forfeit the ability to receive such information regarding the Program via email. Opting-out of receiving email from us will require you to obtain all such information directly from the app or through in-store kiosks only.

 

PRIVACY

The Privacy Policy for Dave & Buster's will be applicable to all information you provide to Dave & Buster's relative to this Program.

 

SMS TEXT MESSAGING

Dave and Buster’s provides this policy to explain how we use SMS text messaging.  By completing opt in, you expressly consent to receive marketing and non-marketing text messages from Dave & Buster’s, including text messages made with an auto dialer, at the mobile number you provide.  These messages can be recurring or one-time.

 

Opting in to receive marketing and non-marketing text messages is not required to purchase any products or services from Dave and Buster’s.  By providing your mobile number and opting in, you agree you have ownership rights or permission to use the number given to Dave and Buster’s.

 

You may opt out of these communications at any time by following the instructions provided in the text message.  For example, replying “STOP” to any message you received.  After this, you will no longer receive text messages.

 

You can receive assistance at any time by replying to “HELP” to any message you receive.

 

Data obtained from you in connection with this text messaging service may include your mobile phone number, your wireless provider’s name, the date, time, and content of your messages and other information you provide to Dave and Buster’s as a part of this service.  Dave and Buster’s may use this information to contact you and provide services you request from Dave and Buster’s.  If you have questions regarding our privacy practices, please read our Privacy Policy at Daveandbusters.com/us/en/privacy-policy.

 

Messaging and data rates may apply for any messages sent to you from us and to us from you.  The maximum number of messages per month you receive will vary based on the service you opt into.  If you have questions about your text or data plan, it is best to contact your wireless provider.

 

Dave and Buster’s may revise, modify, or amend these SMS Terms at any time.  Any such revision, modification, or amendment shall take effect when it is posted to the Dave and Buster’s website.  You agree to review these SMS Terms periodically to ensure that you are aware of these changes.  Your continued consent to receive Dave and Buster’s text messages will indicate your acceptance of those changes.

 

By opting in, you accept to be bound by these SMS Terms.  These SMS Terms do not supersede the terms contained in the Legal Notice at Daveandbusters.com/us/en/terms-of-use.  In the event of any conflict between the SMS Terms and the Legal Notice, such conflict shall be determined and resolved in favor of the terms, conditions, and notices in the Legal Notice, which is controlling over the SMS Terms, to the extent permitted by law.

 

GAME PLAY CREDITS THAT WERE NOT RECORDED

If your Qualifying Purchases were not recorded on your Registered Power Card, we will credit your account with Game Chips for Qualifying Purchases on a timely basis. However, it is your responsibility to make sure that your purchases are properly credited. Please retain copies of your receipts and/or account statements for your records. Any claim for Qualifying Purchases not credited accurately must be received by us within forty-five (45) days of the date of the Qualifying Purchase's receipt.

 

For points not recorded: You may submit your claim to Dave & Buster's Guest Service at https://www.daveandbusters.com/contact. You will be required to submit your receipt to verify your claim. Limit of three (3) requests per Member per calendar year will be considered for Game Play Credits that were not recorded at the time of Qualifying Purchases.

 

We have no liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of Game Play Credits, or any other benefits or other aspects of the Program; (b) any delay or failure to credit your account; or (c) any failure to provide Program communication. We reserve the right to remove purchases credited to your account if we determine that such purchases were improperly credited to your account or obtained fraudulently. We reserve the right to require proof of Qualifying Purchases recorded on your account, and we reserve the right to delay the processing of any Game Play Credit, without notice to you, in order to assure compliance with these Terms & Conditions. You are responsible for restricting access to and maintaining the confidentiality of your account and password, and you agree to accept responsibility for the activities of anyone using your Registered Power Card or Registered Power Card number.

 

MEMBERSHIP CANCELLATION

You have the right to cancel your membership in the Program at any time. You can cancel your membership by calling (844) 515-5157.

 

We may terminate your membership, including any associated accounts, without notice, for any reason, in our sole discretion, including without limitation, inactivity on the member account for more twelve (12) months or our belief that continued use of such membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.

 

CHANGES TO THE PROGRAM AND THESE TERMS & CONDITIONS

We reserve the right at any time to limit Program enrollment or to establish different levels of Program participation or targeted offers that may result in programs that are not available to all Members. We reserve the right, at our sole discretion, to (a) suspend, change or terminate the Program, any individual program, or any member benefit, in whole or in part; (b) modify, limit or suspend the manner in which Game Play Credits are earned, awarded and/or redeemed, including but not limited to changes to the definitions of Qualifying Purchases and Non-Qualifying Purchases, and changes to the amount of credits earned, the value of those credits, when they can be redeemed and when they expire. We may make these changes even though the changes may affect the value of your Game Play Credits and rewards available under the Program already accumulated at the time of the change. Your continued participation in the Program after any modification to the Program and/or these Terms & Conditions will indicate your acceptance of any such modification. You expressly agree to assume responsibility for reviewing these Terms & Conditions for any updates or modifications. If you don't agree to any changes to the Program or these Terms & Conditions, your sole remedy is to deactivate your account (and forfeit any unused Game Play Credits or Rewards).

 

You expressly agree to waive and set aside your respective rights and obligations under any applicable law in the event of any termination of the Program or modification of these Terms & Conditions to the extent that such law requires any judicial pronouncement for the termination of the Program or modification of these Terms & Conditions. We also agree to waive and set aside our respective rights and obligations in this regard. We may change the terms of this Program and these Terms & Conditions at any time by posting notice in the app, or at www.daveandbusters.com.

 

PROGRAM TERMINATION

We may terminate the Program partially or in its entirety, including any or all of the benefits available hereunder, at any time, in our sole discretion, with or without notice by posting notice in the in-store kiosks, in the app, and/or at www.daveandbusters.com.

 

MEMBER OBLIGATIONS & REPRESENTATIONS

By enrolling in the Program, and/or by participating in the Program, you are expressly agreeing to be bound by these Terms & Conditions, as they may be amended from time to time. You agree not to misuse Program privileges by engaging in conduct that is detrimental to us, including without limitation: having multiple accounts; making purchases on the behalf of other members; participating in purchasing or redemption fraud; and/or using any robot, spider, other automatic device, or manual process to transact with, monitor or alter the Program.

 

You agree to comply at all times with all laws, rules, and regulations that are applicable to you. You hereby acknowledge that you may only participate in the Program if and to the extent that such participation is permitted by all applicable laws, rules, and regulations, and that your application for enrollment is subject to our acceptance. We may refuse at any time to enroll you, or may restrict, modify, or terminate your participation in the Program without liability to you.

 

You agree to provide only accurate and true information to us at all times. You agree to comply with all of these Terms & Conditions and with the terms of any affiliated and/or related programs, offers and programs at all times. You agree to promptly notify us of any change in address, whether your mailing address or email address, by updating personal information in the app or in-store kiosk, or by contacting Dave & Buster's Guest Services at (844) 515-5157. Monday – Friday, 8:00 am - 5:00 pm CST. You agree that your participation in the Program is entirely at your own risk.

 

LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US

NEITHER DAVE & BUSTER'S, INC., ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUBSIDIARIES, OR AGENTS ("ASSOCIATES") SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "LOSSES AND DAMAGES"), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS & CONDITIONS; (II) THE PROGRAM, THE WEB SITE OR THE APP; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A CARD OR ANY BREACH OF SECURITY; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies.

 

IN NO EVENT SHALL OUR AND OUR ASSOCIATES' MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00).

 

By participating in the Program you hereby agree: (a) to release us and all of our Associates, affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be entitled to rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program, or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.

 

NO WARRANTY

THE PROGRAM, THE WEB SITE, AND THE APP ARE PROVIDED "AS-IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEB SITE.

 

GOVERNING LAW

The Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such state. Any action against Dave & Buster's, Inc., its Associates, parent, affiliates, partners, subsidiaries, or related companies, that is brought in connection with this Agreement, or any matters related to this Program shall be brought only in either the state or Federal Courts located in Dallas County, Texas, and all persons bringing such claims expressly consent to the jurisdiction of said courts.