DAVE & BUSTER’S
POWER CARD® & POWER TAP

TERMS & CONDITIONS

A Dave & Buster’s Power Card (the “Power Card”) is a stored value card with a magnetic strip or embedded Radio Frequency Identification (“RFID”) tag that allows you to play games at Dave & Buster’s locations in the United States and Puerto Rico (“Participating Location(s)”). A Dave & Buster’s Power Tap (the “Power Tap”) is a device, such as a lanyard, wand, wristband or other similar novelty, that uses an embedded RFID tag to activate the games inside a Participating Location in lieu of a Power Card. These terms and conditions (the “Terms & Conditions”) govern all Power Cards and Power Taps and their use. The Power Card and Power Tap, including all administration related thereto, are provided by D&B Marketing Company, LLC or its affiliates, parents, or subsidiary companies (collectively “Dave & Buster’s,” “we,” “us,” “our,” “ours”). By purchasing, recharging, or using the Power Card or Power Tap, you agree to be legally bound by these Terms & Conditions, and your use shall be subject to these Terms & Conditions, as they may be amended from time to time, without further notice to you. You can obtain the latest version of these Terms & Conditions at the front desk, WIN! or Winner’s Circle (collectively referred to as “Winner’s Circle”), or on our website here >

General

1. A Power Card or Power Tap can activate selected games inside Dave & Buster’s. Each game, excluding bowling, billiards, shuffleboard and any other game elected by us to operate by any other system (as will be noted thereupon), located at Participating Locations (“Game(s)”) requires a specified number of chips to play. The chip price to play a Game is displayed in the display window of the Power Card swipe affixed to that Game. With each Power Card swipe or Power Tap tap, chips are deducted from the total balance of chips and the remaining balance of that chip type is shown on the display.

2. You may use your Power Card or Power Tap at a Chipper machine to purchase tokens to activate coin-operated games that do not accept your Power Card or Power Tap.

3. The chips you purchase (e.g., not including Promotional Chips and Reward Chips) do not expire, are not subject to a maintenance fee and are stored in an account associated with your Power Card or Power Tap. The tickets you win (e.g., other than tickets issued in connection with a special promotional offer that may have an expiration date (“Promotional Tickets”)) do not expire, are not subject to a maintenance fee and may be stored in an account associated with your Power Card or Power Tap. The Power Card or Power Tap can be used at any Participating Location.

4. You may combine chip and ticket balances from any number of Power Cards or Power Taps onto other Power Cards or Power Taps. The Power Cards or Power Taps used to transfer chips to another Power Card or Power Taps will contain a zero balance after the transfer but will remain active to allow for additional recharges with no additional fee. Dave & Buster’s reserves the right to impose restrictions on chip and/or ticket transfers at its discretion.

5. Dave & Buster’s is not responsible for lost, stolen or damaged Power Cards or Power Taps containing chips or tickets, other than the replacement of unredeemed chip and ticket balances for Power Cards or Power Taps registered with Dave & Buster’s Rewards. If a lost, stolen or damaged Power Tap is registered with Dave & Buster’s Rewards, Dave & Buster’s will provide you with a replacement Power Card with unredeemed chip and ticket balances but will not replace the Power Tap. If you choose to purchase a new Power Tap, the unredeemed chips and tickets will be transferred (added) to the new Power Tap. More information on Dave & Buster’s Rewards is set forth below.

6. Any resale or other transfer of a Power Card or Power Tap for consideration will render the Power Card or Power Tap and associated chip and/or ticket balances void and subject to cancellation.

7. Power Cards, Power Taps, and associated chip and/or ticket balances are non-refundable and will not, under any circumstances, be redeemed for cash, except where required by law.

8. All sales and use tax is included in your Power Card or Power Tap purchase.

9. Dave & Buster’s reserves the right not to accept a Power Card or Power Tap or otherwise limit use of the Power Card or Power Tap if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions.

10. You will not be sent statements of itemized transactions involving your Power Card or Power Taps.

11. A list of Games (“Game List”) and the number of chips required to play each Game (which may be denominated in whole or fractional chips) is available at the front desk or Winner’s Circle of Participating Locations. The prices of Games are subject to change at any time by Dave & Buster’s.

12. Unless otherwise specified, Power Taps can only be purchased or recharged at the front desk of Participating Dave & Buster’s locations. Unless otherwise specified, Power Taps cannot be purchased or recharged from a kiosk at Participating Locations.

Chips

The chips on a Power Card or Power Taps are used to play Games at Participating Locations. There are different types of chips:

1) Regular Chips – Regular Chips are chips that you purchase. You may use Regular Chips to play any Game at any Participating Location. The other chip categories discussed below are Chips that you may receive for free.

2) Video Only Chips – Video Only Chips may be used to play non-redemption Games only.

3) Bonus Chips – Bonus Chips may be added to your Power Card or Power Tap when you pay an activation fee. You may use Bonus Chips to play any Game at any Participating Location.

4) Reward Chips – Reward Chips earned through the Rewards program may be used on any Game at any Participating Location. You must register your Power Card or Power Tap with the Rewards program in order to be eligible to receive Reward Chips. Reward Chips expire, and, therefore will be deducted from your chip balance before all other chips. For more information about D&B Rewards, please visit the Rewards Page.

5) Promotional Chips – Promotional Chips are added to the regular chip balance at designated times for promotional purposes. These chips are only active during the designated promotional period. These chips will be deducted from your chip balance before all other chips during the promotional period. All unused Promotional Chips expire and are removed from your Power Card or Power Tap at the end of the promotional period.

Notwithstanding the discussion of chips set forth above, the order of use of the chips is determined solely by Dave & Buster’s and you have no ability to control the type of chip used for any particular game.

Purchase & Balances

1. You can purchase a Power Card with a credit card, Dave & Buster’s gift card or cash from authorized Dave & Buster’s employees, including but not limited to Servers, Bartenders, Managers and Front Desk employees (collectively, “Authorized Employee(s)”) or from a kiosk at Participating Locations.

2. Power Taps can only be purchased or recharged at the front desk of Participating Locations. Power Taps cannot be purchased online and cannot be recharged from a kiosk at Participating Locations.

3. Where allowed by law, a one-time activation fee may be charged (in addition to the desired amount of your Power Card or Power Tap chip purchase and the price of the Power Tap item) to purchase the Power Card or Power Tap. Activation fees vary by location. A Power Card or Power Tap with an activation fee required will receive Bonus Chips, with the denomination dependent on the activation fee. See an Authorized Employee or go to a kiosk for details. The Power Card or Power Tap can be recharged for no additional activation fee.

4. Power Cards can be recharged by an Authorized Employee at any Participating Location, any Participating Locations’ kiosk, or on the Dave & Buster’s Charging Station Mobile Application (“D&B Mobile App”) in the denominations posted. Power Taps can be recharged by an Authorized Employee at the front desk of any Participating Location or on the D&B Mobile App in the denominations posted. To recharge in an amount not available at a kiosk or on the D&B Mobile App, please see an Authorized Employee at a Participating Location.

5. Your chip balance displayed at each Game only shows your chip balance for the chip type used and may not reflect your entire chip balance on your Power Card or Power Tap. You may check Power Card or Power Tap chip and ticket balances by going to an Authorized Employee. You may also check your Power Card chip and ticket balances by going to kiosks throughout Participating Locations, on the D&B Mobile App or on our Power Cards page. In addition, you can check your Power Card Game play and ticket redemption history at Participating Locations’ kiosks.

6. When the display window at the Game reads “Insufficient Funds”, the Game costs more chips than remain on your Power Card or Power Tap; however, you may have enough chips to play another Game that requires fewer chips to play. Therefore, you should check your Power Card or Power Tap balance and go to the Front Desk for a Game List to determine which Game you can play for the amount of chips that remain on your Power Card or Power Tap. If you do not have enough chips on your Power Card or Power Tap to play any Game on the Game List provided, you can recharge your Power Card or Power Tap, transfer the remaining balance to another Power Card or Power Tap, or play “One Last Game”. More information on “One Last Game” is set forth below.

One Last Game...

The cost to play a Game at Dave & Buster’s may require the use of whole/fractional chips that leave you with a balance less than the required chips to play any Game on the Game List. However, when you have a chip balance less than the required chips to play any Game on the Game List, you will still be able to use all of your chips by exchanging your balance of chips to play a Game of Skee-Ball (your “One Last Game”). Once you play “One Last Game”, your Power Card will have a zero balance but may still be recharged with no additional fee.

Tickets

1. The terms tickets and coupons are used interchangeably throughout Participating Locations. Paper tickets/coupons (“Paper Tickets”), electronic tickets/coupons (“E-Tickets”), plastic chips (“Plastic Chips”) and collectible cards (“Collectible Cards”) are directly dispensed from certain of Dave & Buster’s redemption Games. Paper Tickets have a denomination printed on them and are worth the stated number of tickets. E-Tickets are automatically stored on your Power Card or Power Tap. Plastic Chips have a denomination posted on the dispensing Game. Collectible Cards have a denomination posted on the dispensing Game and may also have a collective value as part of a complete set of Collectible Cards. Paper Tickets, E-Tickets, Plastic Chips and Collectible Cards are collectively referred to as “Ticket(s)”.

2. If you win Paper Tickets, Plastic Chips or Collectible Cards, you may take them to the Winner’s Circle attendant, where the Paper Tickets, Plastic Chips or Collectible Cards will be counted, scanned or weighed to determine the total number or value of Paper Tickets, Plastic Chips or Collectible Cards. The number of Tickets will be stored on your Power Card or Power Tap.

3. You may redeem Tickets for merchandise in the Winner’s Circle. Paper Tickets, Plastic Chips and Collectible Cards can be stored by an Authorized Employee on your Power Card or Power Tap for later use. E-Tickets may be saved on your Power Card or Power Tap for later use.

4. When you select a Winner’s Circle item, the required number of Tickets is deducted from your balance of Tickets, whether on your Power Card, Power Tap or from your balance of Paper Tickets, Plastic Chips or Collectible Cards.

5. Based on pricing and availability of merchandise in the Winner’s Circle at Participating Locations, you may not have enough Tickets to redeem for any item. In addition, you may have Tickets remaining after purchasing an item(s) from the Winner’s Circle that are insufficient to purchase additional items. Your unredeemed Tickets may be stored on your Power Card or Power Tap for future use, or you may save the Tickets to use at a later time.

6. Ticket balances on your Power Card or Power Tap may be checked by any Authorized Employee at a Participating Location. Ticket Balances on your Power Card may also be checked on the Participating Locations’ kiosks, on your D&B Mobile App, or on the Power Cards page.

7. Tickets do not have a cash value and may not be refunded or exchanged.

8. Tickets (other than Promotional Tickets) never expire, have no maintenance fee and can be used at any Participating Location.

9. Paper Tickets, Plastic Chips or Collectible Cards that are (a) wet, altered or defaced in any way, (b) appear to be counterfeit, or (c) do not contain evidence that they were dispensed by a Game at a Participating Location, will be confiscated and not accepted for redemption. Dave & Buster’s reserves the right not to accept and confiscate Tickets, Collectible Cards, tokens, coins or other items that: (a) were not won, earned, or obtained by you at a Game at a Participating Location, (b) do not contain evidence that they were dispensed by a Game at a Participating Location or (c) were fraudulently or otherwise unlawfully obtained.

10. Dave & Buster’s reserves the right to require you to provide proof of Game play by producing the Power Card or Power Tap used to play the Game(s) that issued the Tickets.

Dave & Buster's Rewards℠

You may register your Power Card or Power Tap through Dave & Buster’s Rewards at a Participating Location or online. For further details on Dave & Buster's Rewards, please ask a Dave & Buster’s Employee, call Rewards Services at (800) 842-5369, visit the Rewards FAQs or view the Rewards Official Rules.

Game Malfunctions

1. Tickets will only be awarded where no Game malfunction has occurred.

2. If a Game malfunctions during Game play, you will be allowed one free Game play at the same Game, or if that Game cannot be quickly put back into service, on a comparable Game. If a Game malfunctions during Game play, no Tickets, coins, or other prizes will be distributed for such Game play.

3. If Dave & Buster’s confirms that excessive Tickets have been dispensed due to a Game malfunction, Dave & Buster’s reserves the right to deduct that corresponding amount from your Power Card or Power Tap balance.

4. Dave & Buster’s reserves the right to make any other adjustments to your Power Card or Power Tap due to Game malfunction or fraud, in its sole and absolute discretion.

Cancellation

Dave & Buster’s may suspend or terminate your Power Card or Power Tap and revoke or limit any or all of the rights and privileges granted to you at any time without notice, liability, reimbursement or compensation. Termination may result from your fraudulent or unauthorized use of the Power Card or Power Tap or violation of these Terms & Conditions. If we terminate your card with cause, all chips and Tickets will be voided and may not be used. You will receive no compensation from us for voided chips or Tickets. If we terminate your Power Card or Power Tap without cause, we will refund or issue store credits equal to the balance of chips purchased or Tickets held in your Power Card or Power Tap account less any amounts that you may owe Dave & Buster’s.

Billing Errors & Corrections

We reserve the right to correct the balance of your Power Card or Power Tap if we believe that an error has occurred. If you have questions regarding your transaction history, or if you dispute any transaction or correction that has been assessed against your Power Card or Power Tap, please call Guest Services at (888) 300-1515 Monday – Friday from 8:00 am to 5:00 pm Central Time or (800) 842-5369 after hours to leave a message to be returned the next business day. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.

Choice of Law

These Terms & Conditions and your use of a Power Card or Power Tap shall be governed by and construed in accordance with the laws of the State of Virginia notwithstanding any conflict of law rules.

Arbitration Rights/Waiver of Rights

Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to these Terms & Conditions or your use of your Power Card or Power Tap (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA Commercial Rules and Consumer Related Supplementary Procedures (except that Rule C-4 related to the appointment of an arbitrator will not apply and the arbitrator will be chosen under Rule R-11) before one (1) neutral arbitrator licensed to practice law for at least fifteen (15) years at the AAA offices nearest the location where you purchased your Power Card, except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, all claims (including those claims that are subject to arbitration and those claims that can be prosecuted in a court of law and regardless of whether the claim is brought in an arbitration or in a court of law) must be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding, and you hereby waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

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