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The Boardwalk Activity Pass

TERMS & CONDITIONS

 

The Boardwalk Activity Pass (the “Activity Pass”) is a stored value card with a magnetic strip that allows you to play games at The Boardwalk in El Cajon, California. These terms and conditions (the “Terms & Conditions”) govern all Activity Passes and their use.   By purchasing, recharging, or using the Activity Pass, 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 redemption counter, or on our website at www.boardwalk-parkway.com/terms

 

General

Credits

Purchase & Balances

Tickets

Game Malfunctions

Cancellation

Billing Errors & Corrections

Choice of Law

Arbitration Rights/Waiver of Rights

 

General

1) The Activity Pass, depending on the price of the game or ride, can activate a selected game or ride inside The Boardwalk.   Each game or ride, excluding those elected by us to operate by any other system (as will be noted thereupon), located at The Boardwalk requires a specified number of credits to play or ride (“Activity(s)”). The credit price to play an “Activity” is displayed on each reader in the display window at the Activity Pass swipe and vary in value. With each Activity Pass swipe credits are deducted from the total balance of credits and the remaining balance of that credit type is shown on the display.

2) The credits you purchase (e.g., not including Promotional Credits and Reward Credits) do not expire, are not subject to a maintenance fee and are stored on your Activity Pass. The tickets (other than tickets issued in connection with a special promotional offer that may have an expiration date (“Promotional Tickets”) you win do not expire, are not subject to a maintenance fee and may be stored on your Activity Pass. The Activity Pass can only be used at The Boardwalk in El Cajon.

3) You may combine credit and ticket balances from any number of Activity Passes onto other Activity Pass. The Activity Pass used to transfer Credits to another Activity Pass will contain a zero balance after the transfer but will remain active to allow for additional recharges with no additional fee.

4) The Boardwalk is not responsible for lost, stolen or damaged Activity Passes containing credits or tickets, other than replacement of unredeemed credits and ticket balances for Activity Passes registered with The Boardwalk. If the lost, stolen or damaged Activity Pass is registered with The Boardwalk, The Boardwalk will provide you with a replacement Activity Pass with unredeemed credits and tickets balances but will not replace the Activity Pass. If you choose to purchase a new Activity Pass, the unredeemed credits and tickets will be transferred to the new Activity Pass. More information on The Boardwalk Rewards is set forth below.

5) Any resale or other transfer of a Activity Pass for consideration will render the Activity Pass and associated credit and/or ticket balances void and subject to cancellation.

6) Your Activity Pass is non-refundable and will not, under any circumstances, be redeemed for cash, except where required by law.

7) All sales and use tax is included in your Activity Pass purchase.

8) The Boardwalk reserves the right not to accept a Activity Pass or otherwise limit use of the Activity Pass if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions.

9) You will not be sent statements of itemized transactions involving your Activity Pass.

10) A list of Games (“Game List”) and the number of credits required to play a game (which may be denominated in whole or fractional credits) is available at the redemption counter at The Boardwalk. The prices of Games are subject to change at any time by The Boardwalk.

11) Activity Passes can be purchased, used, recharged or redeemed from a kiosk at The Boardwalk. Activity Passes cannot be purchased or recharged online.

 

Credits

The credits on an Activity Pass are used to play Games and ride Attraction at The Boardwalk. There are different types of credits:

1) Regular Credits – Regular Credits are credits that you purchase. You may use Regular Credits to play any Game or ride any Attraction at The Boardwalk. The other credit categories discussed below are Credits that you may receive for free.

2) Video Only Credits – Video Credits may be used for non-redemption Games only.

3) Bonus Credits – Bonus Credits may be added to your Activity Pass when you pay an activation fee. You may use Bonus Credits to play any Game or ride Attractions at The Boardwalk.

4) Promotional Credits – Promotional Credits are added to the regular credit balance at designated times for promotional purposes. These credits are only active during the designated promotional period. These credits will be deducted from your credit balance before all other credits during the promotional period. All unused Promotional Credits expire and are removed from your Activity Pass at the end of the promotional period.

Notwithstanding the discussion of credits set forth above, the order of use of the credits is determined solely by The Boardwalk and the customer has no ability to control the type of credit used for any particular game.

 

Purchase & Balances

1) You can purchase a Activity Pass with a credit card, The Boardwalk gift card or cash from authorized The Boardwalk employees or from a kiosk at The Boardwalk.

2) Activity Passes can only be purchased, used or recharged or from a kiosk at The Boardwalk.  Activity Passes cannot be purchased or recharged online.

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

4) Your credit balance displayed at each Game only shows your credit balance for the credit type used and may not reflect your entire credit balance on your Activity Pass. You may check Activity Pass credit and ticket balances by going to an Authorized Employee. You may also check your Activity Pass credit and ticket balances by going to kiosks throughout The Boardwalk or on the Activity Pass page. In addition, you can check your Activity Pass Game play and ticket redemption history at The Boardwalk’ kiosks.

5) When the display window at the Game reads “Insufficient Funds”, the Game costs more credits than remain on your Activity Pass; however, you may have enough credits to play another Game that requires fewer credits to play. Therefore, you should check your Activity Pass balance and go to the redemption counter for a Game List to determine which Game you can play for the amount of credits that remain on your Activity Pass. If you do not have enough credits on your Activity Pass to play any Game on the Game List provided, you can recharge your Activity Pass or transfer the remaining balance to another Activity Pass.

 

Tickets

1) The terms tickets and coupons are used interchangeably throughout The Boardwalk. Paper tickets/coupons (“Paper Tickets”) and electronic tickets/coupons (“E-Tickets”) are directly dispensed from certain of The Boardwalk skill and sports-oriented 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 Activity Pass. Paper Tickets and E-Tickets are collectively referred to as “Ticket(s)”.

2) If you win Paper Tickets, you may take them to the redemption counter attendant, and the Paper Tickets are counted or weighed to determine the total number of Paper Tickets.

3) You may redeem Tickets for merchandise at the redemption counter. Paper Tickets can be stored by an Authorized Employee on your Activity Pass for later use. E-Tickets may be saved on your Activity Pass for later use.

4) When you select a redemption prize, the required number of Tickets is deducted from your balance of Tickets, whether on your Activity Pass, Activity Passes or from your balance of Paper Tickets.

5) Based on pricing and availability of merchandise in the redemption counter at The Boardwalk, 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 redemption counter that are insufficient to purchase additional items. Your unredeemed Tickets may be stored on your Activity Pass for future use, or you may save the Tickets to use at a later time.

6) Ticket balances on your Activity Pass can be checked by any Authorized Employee at a Participating Location. Ticket Balances on your Activity Pass may also be checked on the Boardwalk’ kiosks or at an activity reader.

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 The Boardwalk.

9) Paper Tickets 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 The Boardwalk, will be confiscated and not accepted for redemption.

 

Game Malfunctions

1) Tickets will only be awarded to you for redemption Games only where no 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 or coins will be distributed for such game play.

3) Upon confirmation by The Boardwalk that a game has dispensed an insufficient number of coins, or Paper or E-Tickets at the conclusion of a game, the proper number of coins or tickets will be distributed to the guest or added to the guest’s Activity Pass balance.

4) If The Boardwalk confirms that excessive Tickets have been dispensed due to a Game malfunction, The Boardwalk reserves the right to deduct that corresponding amount from your Activity Pass balance.

5) The Boardwalk reserves the right to make any other adjustments to your Activity Pass due to game malfunction or fraud, in its sole and absolute discretion.

 

Cancellation

The Boardwalk may suspend or terminate your Activity Pass 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 Activity Pass or violation of these Terms & Conditions. If we terminate your card with cause, all credits and tickets will be voided and may not be used. You will receive no compensation from us for voided credits or tickets. If we terminate your Activity Pass without cause, we will refund or issue store credits equal to the balance of credits purchased or Tickets held in your Activity Pass account less any amounts that you may owe The Boardwalk.

 

Billing Errors & Corrections

We reserve the right to correct the balance of your Activity Pass 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 Activity Pass, please call Guest Services at (619) 449-7800 Monday – Friday from Noon to 8:00 pm Pacific Time. 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 Activity Pass shall be governed by and construed in accordance with the laws of the State of California 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 Activity Pass (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 Activity Pass, 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.