The Dave & Buster's Rewards Program (the "Program") is a customer recognition program that rewards members for their food, beverage and game purchases (subject to certain exclusions described below). The Program is offered only at participating U.S. Dave & Buster's locations and Toronto, Canada ("Participating 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.
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 18 years of age. Those under 18 years of age may join Rewards in order to register their Power Card but will not be able to receive special offers. Void where prohibited or restricted by law. Membership is non-transferable.
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. To register your Power Card, either visit a kiosk at a Participating Location and follow the instructions given for registering your Power Card, or sign-in to your Rewards account to register your existing Power Card online.
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 (either in-store or online), 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. You cannot participate in the Program on behalf of other members or non-members.
By becoming a member and participating in the Program you will receive a reward point ("Reward Point") for each one dollar ($1.00) you spend at the Participating Locations for Qualifying Purchases (as defined below). When the amount of your total Qualifying Purchases reaches $100, you will receive a credit on your Registered Power Card for $10.00 in game play on your next visit to a participating Dave & Buster's located within the United States ("Game Play Credit"). For each additional $100 you spend on Qualifying Purchases you will receive an additional $10 Game Play Credit. The Game Play Credit will automatically be loaded directly onto your Registered Power Card.
Any Game Play Credits awarded to you must be used within forty-five (45) days of when the Game Play Credit was awarded to you or they will expire, so be sure to check the total Reward Points you have earned frequently and visit Participating Locations often to use your Game Play Credit. Dave & Buster's will remove any earned Rewards Points on a member account that has not made a Qualifying Purchase within any twelve (12) month period. Rewards Points are good only for Game Play Credits and cannot be used towards the purchase of any other item or services, including but not limited to food, non-alcoholic or alcoholic beverages, taxes, tips or gift cards. Reward Points and Game Play Credits have no cash value and no change will be given for the redemption of Rewards Points or Game Play Credits. Rewards Points will not be awarded in conjunction with any special event or with any other rewards, coupons, discounts (including but not limited to group and corporate discounts) or promotional offers, and cannot be transferred or sold. Dave & Buster's reserves the right to substitute rewards of equal or greater value for any Rewards Points or Game Play Credits 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 Points and Game Play Credits. You should not rely upon the continued availability of the Program. All Rewards Points and Game Play Credits are available while supplies last and are subject to change and/or revocation without notice.
Your Registered Power Card is your proof of membership in the Program and must be presented to your server at a Participating Location in order to earn any Rewards Points for a Qualifying Purchase other than Power Card purchases or recharges. 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 (866) 685-1456. Dave & Buster's is not responsible for any Rewards Points 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 Registered Power Card, and your Registered Power Card electronically stores the amount of your Rewards Points and Game Play Credits. Keep and present your Registered Power Card to your server at a Participating Location and identify yourself as a Rewards Plus member in order to receive Rewards Points for your Qualifying Purchases. This should be done at the end of each meal but prior to payment. Rewards Points cannot be awarded after the associated bill has been paid if the Registered Power Card was not presented prior to payment.
Qualifying Purchases include the purchase at a Participating Location of food, beverages (see below), Power Cards, Power Card recharges, billiards, and bowling, except for those items described below as Non-Qualifying Purchases.
Qualifying Purchases shall not include any of the purchases or items described in the chart 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,
Purchases of gift cards
Player Lounge rental
Coat check charge
Miscellaneous revenue and charges and other Revenue
Sales tax, other taxes, or fees mandated by law
Dave & Buster's reserves the right to add other Non-Qualifying Purchases from time to time in its sole discretion.
Your Rewards Points, 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 or with an employee at a Participating Location. Earned Rewards Points will also be printed in-store at Participating Locations on your receipt. When purchasing game play at an in-store kiosk, Rewards Points 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 Rewards Points.
Dave & Buster's will also notify eligible members of reward offers and benefits throughout their membership via e-mail. The Program will use email as the communication channel for providing members with information regarding earned Rewards Points, Game Play Credits, Program benefits, Program changes, update messages, and all benefits and offers available to members. Members must submit and maintain accurate user information in connection with their Program account 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 by signing in to your Rewards account and updating the My Account section. 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 above website and selecting the opt-out status, by clicking "unsubscribe" on any email communications, or by contacting us directly. 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 in-store kiosks only.
If your Qualifying Purchases were not recorded on your Registered Power Card, we will credit your account with Rewards Points 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.
You may submit your claim to Dave & Buster's Guest Services at (888) 300-1515 Monday – Friday, 8:00 am - 5:00 pm CST. Messages will be returned the following business day, please call (800) 842-5369. 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 Reward Points 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 Rewards Points, 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 Rewards Points or 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.
The Dave & Buster's Rewards Gold Benefit has been terminated with respect to the Participating Locations. Guests will no longer be eligible for Dave & Buster's Rewards Gold status or the associated game play discount at such Participating Locations. However, guests can now earn Game Play Credits based on their total spend for Qualifying Purchases, including purchases of food, beverages, and games (subject to certain exclusions listed above). Members can keep their gold card with the understanding that it will no longer provide the discounted game play benefit. The gold card can be used in conjunction with this new Program provided that it is registered in accordance with the provisions of these Terms & Conditions. Members can keep their gold card.
You have the right to cancel your membership in the Program at any time. You can cancel your membership by calling (866) 685-1456.
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.
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 Rewards Points and 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 points and credits earned, the value of those points and 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 Rewards Points, 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 Rewards Points).
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 in-store kiosks or at www.daveandbusters.com.
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 and/or at www.daveandbusters.com.
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 on our Web site, in-store kiosk, or by contacting Guest Dave & Buster's Guest Services at (888) 300-1515 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 OR THE WEB SITE; (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.
THE PROGRAM AND THE WEB SITE 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.
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.
Effective Date: October 29, 2010