Terms & Conditions
Terms and Conditions
Effective As Of: October 2020
These Terms of Service (“Terms”) apply to your access to and use of the website, Application, and services (collectively, our “Services”) of GameWorks Inc. and its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity to any of the foregoing ("GameWorks", “Company,” “us,” or “we”).
The Services are intended for access and use from within the continental United States, Alaska, Hawaii, Puerto Rico or other U.S. territories (the “United States”). If you choose to access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply. The Services are for personal use only. You may not use the Services if you have previously been suspended or removed from the Services.
You may need to register for a membership account to access some of our Services, or to participate in some of our events. If you register for a membership, including but not limited to our GamePerks Program, you must provide accurate account information and promptly update this information if changes occur. You must maintain the security of your membership and any account credentials, and you are responsible for any activities on your membership. Promptly notify us if you discover or suspect that someone has accessed your membership without your permission. If you permit others to use your account credentials and/or membership, you are responsible for the activities of those users. Should you need assistance in updating, terminating, or securing your membership please contact firstname.lastname@example.org.
Our Services, including the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein, are owned by or licensed to the Company. Except as explicitly stated in these Terms, the Company and our licensors reserve all rights in and to our Services. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Services for your own personal use and to install our mobile application on a device that you own or control; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use our Services; (b) copy, reproduce, distribute, publicly perform, or publicly display the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; (d) reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; or (e) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the limited license granted herein.
The Company may provide third-party content on our Services and may provide links to web pages and content of third parties (collectively “Third-Party Content”). In all such instances, the Company does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. The Company does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Services. Your correspondence or business dealings with, or participation in promotions of, or advertisers found on or through our Services are solely between you and such advertiser. Access and use of such Third-Party Content, including the information, materials, products, and services on or available through any third-party sites is solely at your own risk.
(a) We do not control, endorse, or take responsibility for any Third-Party Content available on or linked to by our Services.
(b) Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Company does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While the Company attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
Unlawful or Prohibited Use
As a condition of your use of the GameWorks Web Site, or any affiliated websites or digital properties, you warrant to GameWorks that you will not use our Web Sites or applications for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GameWorks Web Site in any manner which could damage, disable, overburden, or impair the GameWorks Web Site or interfere with any other party's use and enjoyment of the GameWorks Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GameWorks Websites.
Copyright and Trademark Notices
All contents of the GameWorks Web Site are: Copyright © 2019 by GameWorks In and/or its suppliers. All rights reserved.
Dispute Resolution & Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief.
The term "Dispute" means any dispute, claim, or controversy between you and the Parties, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "Dispute Resolution & Binding Arbitration" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any of the Parties that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the Company Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed as an exclusion below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
YOU AND THE PARTIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A COMPANY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
If you have a dispute with any Company Entity, you must send written notice to [GameWorks Inc., Attn: Legal, 5670 Wilshire Blvd., 18th Floor, Los Angeles, CA 90036] to give the Company Entity that you have a dispute with opportunity to resolve the dispute informally through negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Company Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of Notice of Dispute, you or the Company Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE COMPANY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
All disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), which are available on the AAA website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of AAA or waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason. You and the Company agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“) to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Company will not have the right to assert the claim.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO [GAMEWORKS, INC., ATTN: LEGAL, 5670 WILSHIRE BLVD.., 18TH FLOOR, LOS ANGELES, CA 90036] AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR MEMBERSHIP ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY COMPANY ENTITY THROUGH ARBITRATION.
To the fullest extent permitted by applicable law, you release the Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that are not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and the Company relating to your access to and use of our Services. The failure of the Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Changes to Terms
We may make changes to these Terms at any time. If we make changes, we will provide notice of the changes by posting the amended Terms to our Services and updating the “Last Updated” date above. Unless we say otherwise, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If you have any questions about these Terms & Conditions, please email us at email@example.com, or write to us (and include your email address) at [GameWorks, Inc., Attn: Guest Relations, 5670 Wilshire Blvd., 18th Floor, Los Angeles, CA 90036].
If you need additional information on how to resolve a complaint regarding our Services, feel free to contact:
Department of Consumer Affairs
Division of Consumer Services
Complaint Assistance Unit
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Game Card Terms and Conditions
Effective As Of: June 2019
A GameWorks game card is a stored value card with a magnetic strip or embedded Radio Frequency Identification (“RFID”) tag that allows you to play games at the GameWorks where it was originally purchased. These terms and conditions (the “Terms & Conditions”) govern all game cards and their use. Game cards, including all administration related thereto, are provided by GameWorks Inc., or its affiliates, parents, or subsidiary companies (collectively “GameWorks,” “we,” “us,” “our,” “ours”). By purchasing, recharging, or using a game card, 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, and without notice. You can obtain the latest version of these Terms & Conditions on our website at www.gameworks.com/terms-and-conditions.
Types of Game Cards
1) A Regular game card can be purchased at the front desk of any GameWorks location for arcade and redemption game play. Game cards are loaded with credits, and credits can be used on any game on the game floor.
2) Member Cards can be purchased by members at the front desk of any GameWorks location. Additional amounts may be added to a Member Card at any time.
3) Promotional/Event Cards expire 90 days from issuance. A promotional card is NOT a gift card/gift certificate Buyout event cards expire at the end of the event.
Purchasing and recharging.
Game cards can be purchased at the front desk of any GameWorks location. Guest can check the balance of their game card, and the balance of tickets earned with a GameWorks employee at the front desk, or at a GameWorks kiosk. All game card sales are final. Guests are not entitled to a cash refund for any unused portion. Guests can recharge their cards with a GameWorks employee at the front desk, or at a GameWorks game card kiosk. Availability of kiosks may vary by location.
Lost or Stolen Cards
GameWorks is not responsible for lost, stolen, or damaged cards.
Cards cannot be sold, transferred, or combined with any other card. Game cards cannot be redeemed for cash, exchanged in The Works Shop for prizes or retail items, or used as a gift card/certificate.
Decline to Accept
GameWorks reserves the right not to accept a game card or otherwise limit use of the game card if we believe the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions.
Verification of Game Card Balances
GameWorks verifies ticket balances above 5000 being redeemed, which may cause a delay in awarding selected items.
Guests assume inherent risk in use of game cards for malfunctioning games, incorrect tickets dispensed, or other. Tickets are only awarded where no Game malfunction has occurred. If a Game malfunctions during Game play, you are not entitled to a refund. If GameWorks confirms that excessive Tickets have been dispensed due to a Game malfunction, we reserve the right to deduct that corresponding amount from your game card balance. GameWorks reserves the right to make any other adjustments to you’re a game card due to Game malfunction or fraud, in its sole and absolute discretion.
Game Floor Misconduct
Guests agree to abide by all safety signage, game instructions, and house rule/policies. GameWorks reserves the right to void, confiscate, or refuse redemption for guests not in accordance with these Terms and Conditions, or any posted safety signage, instructions (either in-game, written on a game, or verbally instructed by a GameWorks employee), and house rules/policies. GameWorks reserves the right to terminate Game Play for tickets that have been awarded due to game tampering, tilting, shifting, or exploiting game malfunctions.
GameWorks has sole discretion to cancel, void, revoke, or limit use of any game card, at any time without notice, liability, reimbursement, or compensation. Termination may result from fraudulent or unauthorized use of a game card, or a violation of these terms and conditions. If we terminate your game 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 game card without cause, we will refund or issue store credits equal to the balance of chips purchased or Tickets held in your game card less any amounts that you may owe GameWorks.
Gift Card Terms and Conditions
Effective As Of: June 2019
GameWorks gift cards that are purchased online are distributed by QuickGifts. QuickGifts Terms and Conditions can be viewed at https://onelink.quickgifts.com/terms-and-conditions/gameworks. QuickGifts reserves the right to change their Terms and Conditions at any time, and without notice. Any change to QuickGifts Terms and Conditions will be posted on QuickGifts website, and not reflected here in GameWorks gift card terms and conditions. By visiting https://onelink.quickgifts.com/merchant/gameworks/, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Card terms and conditions. GameWorks reserves the right to change these Terms and Conditions from time to time in its discretion. GameWorks Cards are issued by GameWorks. Please refer to www.gameworks.com for addition terms and conditions.
GameWorks gift cards are redeemable at any GameWorks location. GameWorks gift cards are available for purchase:
Online: https://onelink.quickgifts.com/merchant/gameworks/, or at any GameWorks location
A GameWorks gift card may be redeemed at any GameWorks location, and is good for game play, esports, The Works Kitchen, or on retail items in The Works Shop.
View Your Balance
To view your Card balance, go to https://wwws-pt1.givex.com/Merchant_pages/3101945_en/
You may not return or cancel your GameWorks gift card after it is received.
Lost, Stolen, or Damaged Cards
GameWorks does not assume responsibility for lost, stolen gift cards.
You may not use a Card to purchase other Cards. Cards cannot be reloaded, resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if reloaded, resold, transferred for value, or redeemed for cash. Unused Cards may not be transferred.
Online Esports / Quick Hits
Effective As Of: October 2020
Online Esports/Quick Hits Tournaments are an extension of GameWorks esports. These terms and conditions (the “Terms & Conditions”) govern all online esports hosted by GameWorks. Online Esports/Quick Hits, including all administration related thereto, are provided by GameWorks Inc., or its affiliates, parents, or subsidiary companies (collectively “GameWorks,” “we,” “us,” “our,” “ours”). By participating in any GameWorks online esports, 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, and without notice. You can obtain the latest version of these Terms & Conditions on our website at www.gameworks.com/terms-and-conditions.
For a US citizen or resident, the threshold for issuing Form 1099-MISC (miscellaneous income) to report prize winnings to the recipient and the Internal Revenue Service is $600 per calendar year. In order to facilitate the issuance of such Form 1099-MISC, historically, we have tried to collect Form W-9, Request for Taxpayer Identification Number and Certification, from each tournament winner upon first dollar payout, regardless of whether online or in-venue, which has created some friction in organizing tournaments and in some cases has resulted in some players withdrawing. In an attempt to balance reducing barriers to entry to maximize our reach and audience and our compliance responsibilities, effective immediately we will be implementing the following practices:
Collecting Form W-9 is to be deferred until a player cumulatively reaches the $600 reporting threshold for a calendar year. Operations and finance personnel will share responsibility for tracking tournament prize winners and their cumulative winnings based (an) appropriate unique identifier(s) as determined by the team organizing and running the tournaments. A member of the finance/operations team will reach out to the tournament prize winner and request a completed Form W-9 when that player wins an amount, which will push his/her cumulative earnings over the reporting threshold. If the prize-winner elects not to comply with the request to provide a completed Form W-9, their most-recent winnings will be withheld until a completed Form W-9 is furnished or forfeited. Tax reporting is done annually through issuing Form 1099-MISC to the prize winners exceeding the reporting thresholds who have provided Form W-9 documentation. Expectations of eventual documentation and reporting requirements should be set with all players when they sign up.
Unlike prize payouts to US citizens or residents, which are not reportable until the $600 threshold is met, prize winnings payable to non-US resident/citizen players are reportable at any level of payout and generally subject to US withholding tax at 30% of the gross prize winnings. As the payor of the prize winnings, we are the withholding agent and responsible for holding back the US withholding tax from the non-US prize winner and remitting it to the IRS on a timely basis. As the withholding agent, we are responsible for collecting from the prize winner Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals). Form W-8BEN is similar to a W-9 but used exclusively by non-US persons to declare their US tax status. A member of the finance/operations team will reach out to the prize winner and request a completed Form W-8BEN before any prize winnings are paid out. Finance will calculate the withholding tax and inform operations of the net prize payout to send to a winner via PayPal. Annual tax reporting includes issuing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding to each prize winner who is not a US citizen or resident and filing Form 1042, Annual Withholding Tax Return for U.S. Source of Income of Foreign Person for each recipient and filing it with the IRS. Expectations of eventual documentation and reporting requirements should be set with all players when they sign up.
In addition to tax reporting, introducing non-US players to online tournaments will require GameWorks to start monitoring entrance fee levels by jurisdiction to determine when we are reaching levels that would trigger consideration of indirect tax reporting requirements.
Should you need assistance with these Terms and Conditions, please contact firstname.lastname@example.org