Emerald Falls Family Recreation Center



Treasure Card

TERMS & CONDITIONS

An Emerald Falls Treasure Card (the “Treasure Card”) is a stored value card with a magnetic strip and embedded Radio Frequency Identification (“RFID”) tag that allows you to play games at Emerald Falls Panama City, FL (“Participating Location”). An Emerald Falls Treasure Jewel (the “Jewel”) is a device, such as a lanyard, wang, wristband or similar novelty, that uses an embedded RFID tag to activate the games inside a Participating Location in lieu of a Treasure Card. These terms and conditions (the “Terms & Conditions”) govern all Treasure Cards and Treasure Jewels and their use. The Treasure Card and Treasure Jewel, including all administration related thereto, are provided by WE PCB Manager, LLC dba Emerald Falls, or its affiliates, parents, or subsidiary companies (collectively “Emerald Falls,” “we,” “us,” “ours”). By purchasing, recharging or using the Treasure Card or Treasure Jewel, 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 or Treasure Chest Redemption counter (collectively “Redemption”) or our website.

General

1. A Treasure Card or Treasure Jewel can activate selected games inside Emerald Falls. Each game, excluding any 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 Credits to play. The chip price to play a Game is displayed in the display window of the Treasure Card swipe affixed to that Game. With each Treasure Card swipe or Treasure Jewel tap, Credits are deducted from the total balance of Credits and the remaining balance of that chip 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 in an account associated with your Treasure Card or Treasure Jewel. 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 Treasure Card or Treasure Jewel. The Treasure Card or Treasure Jewel can be used at any Participating Location.

3. You may combine chip and ticket balances from any number of Treasure Cards or Treasure Jewels onto other Treasure Cards or Treasure Jewels. The Treasure Cards or Treasure Jewels used to transfer Credits to another Treasure Card or Treasure Jewels will contain a zero balance after the transfer but will remain active to allow for additional recharges with no additional fee. Emerald Falls reserves the right to impose restrictions on chip and/or ticket transfers at its discretion.

4. Emerald Falls is not responsible for lost, stolen or damaged Treasure Cards or Treasure Jewels containing Credits or tickets, other than the replacement of unredeemed chip and ticket balances for Treasure Cards or Treasure Jewels registered with Emerald Falls Rewards. If a lost, stolen or damaged Treasure Jewel is registered with Emerald Falls Rewards, Emerald Falls will provide you with a replacement Treasure Card with unredeemed chip and ticket balances but will not replace the Treasure Jewel. If you choose to purchase a new Treasure Jewel, the unredeemed Credits and tickets will be transferred (added) to the new Treasure Jewel. More information on Emerald Falls Rewards is set forth below.

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

6. Treasure Cards, Treasure Jewels, 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.

7. All sales and use tax is included in your Treasure Card or Treasure Jewel purchase.

8. Emerald Falls reserves the right not to accept a Treasure Card or Treasure Jewel or otherwise limit use of the Treasure Card or Treasure Jewel 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 Treasure Card or Treasure Jewels.

10. A list of Games (“Game List”) and the number of Credits required to play each Game (which may be denominated in whole or fractional Credits) is available at the front desk or Treasure Chest of Participating Locations. The prices of Games are subject to change at any time by Emerald Falls.

11. Unless otherwise specified, Treasure Jewels can only be purchased or recharged at the front desk of Participating Emerald Falls locations. Unless otherwise specified, Treasure Jewels cannot be purchased or recharged from a kiosk at Participating Locations.

Credits

The Credits on a Treasure Card or Treasure Jewels are used to play Games at Participating Locations. 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 at any Participating Location. The other credit categories discussed below are Credits that you may receive for free.

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

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

4) Promotional Credits – Promotional Credits are added to the regular chip balance at designated times for promotional purposes. These Credits are only active during the designated promotional period. These Credits will be deducted from your chip balance before all other Credits during the promotional period. All unused Promotional Credits expire and are removed from your Treasure Card or Treasure Jewel 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 Emerald Falls and you have no ability to control the type of chip used for any particular game.

Purchase & Balances

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

2. Treasure Jewels can only be purchased or recharged at the front desk of Participating Locations. Treasure Jewels 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 Treasure Card or Treasure Jewel chip purchase and the price of the Treasure Jewel item) to purchase the Treasure Card or Treasure Jewel. Activation fees vary by location. A Treasure Card or Treasure Jewel 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 Treasure Card or Treasure Jewel can be recharged for no additional activation fee.

4. Treasure Cards can be recharged by an Authorized Employee at any Participating Location, any Participating Locations’ kiosk in the denominations posted. Treasure Jewels can be recharged by an Authorized Employee at the front desk of any 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 Treasure Card or Treasure Jewel. You may check Treasure Card or Treasure Jewel chip and ticket balances by going to an Authorized Employee. You may also check your Treasure Card chip and ticket balances by going to kiosks throughout Participating Locations. In addition, you can check your Treasure 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 Credits than remain on your Treasure Card or Treasure Jewel; however, you may have enough Credits to play another Game that requires fewer Credits to play. Therefore, you should check your Treasure Card or Treasure Jewel balance and go to the Front Desk for a Game List to determine which Game you can play for the amount of Credits that remain on your Treasure Card or Treasure Jewel. If you do not have enough Credits on your Treasure Card or Treasure Jewel to play any Game on the Game List provided, you can recharge your Treasure Card or Treasure Jewel, transfer the remaining balance to another Treasure Card or Treasure Jewel.

Tickets

1. The terms tickets and coupons are used interchangeably throughout Participating Locations. Paper tickets/coupons (“Paper Tickets”), electronic tickets/coupons (“E-Tickets”), plastic Credits (“Plastic Credits”) and collectible cards (“Collectible Cards”) are directly dispensed from certain Emerald Falls 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 Treasure Card or Treasure Jewel. Plastic Credits 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 Credits and Collectible Cards are collectively referred to as “Ticket(s)”.

2. If you win Paper Tickets, Plastic Credits or Collectible Cards, you may take them to the Treasure Chest attendant, where the Paper Tickets, Plastic Credits or Collectible Cards will be counted, scanned or weighed to determine the total number or value of Paper Tickets, Plastic Credits or Collectible Cards. The number of Tickets will be stored on your Treasure Card or Treasure Jewel.

3. You may redeem Tickets for merchandise at the Treasure Chest. Paper Tickets, Plastic Credits and Collectible Cards can be stored by an Authorized Employee on your Treasure Card or Treasure Jewel for later use. E-Tickets may be saved on your Treasure Card or Treasure Jewel for later use.

4. When you select a Treasure Chest item, the required number of Tickets is deducted from your balance of Tickets, whether on your Treasure Card, Treasure Jewel or from your balance of Paper Tickets, Plastic Credits or Collectible Cards. You may redeem only one (1) item valued at 25,000 Tickets or more per day.

5. Based on pricing and availability of merchandise in the Treasure Chest 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 Treasure Chest that are insufficient to purchase additional items. Your unredeemed Tickets may be stored on your Treasure Card or Treasure Jewel for future use, or you may save the Tickets to use at a later time.

6. Ticket balances on your Treasure Card or Treasure Jewel may be checked by any Authorized Employee at a Participating Location. Ticket Balances on your Treasure Card may also be checked on the Participating Locations’ kiosks.

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 Credits 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. Emerald Falls 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. Emerald Falls reserves the right to require you to provide proof of Game play by producing the Treasure Card or Treasure Jewel used to play the Game(s) that issued the Tickets.

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 Emerald Falls confirms that excessive Tickets have been dispensed due to a Game malfunction, Emerald Falls reserves the right to deduct that corresponding amount from your Treasure Card or Treasure Jewel balance.

4. Emerald Falls reserves the right to make any other adjustments to your Treasure Card or Treasure Jewel due to Game malfunction or fraud, in its sole and absolute discretion.

Cancellation

Emerald Falls may suspend or terminate your Treasure Card or Treasure Jewel 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 Treasure Card or Treasure Jewel 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 Treasure Card or Treasure Jewel without cause, we will refund or issue store Credits equal to the balance of Credits purchased or Tickets held in your Treasure Card or Treasure Jewel account less any amounts that you may owe Emerald Falls.

Billing Errors & Corrections

We reserve the right to correct the balance of your Treasure Card or Treasure Jewel 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 Treasure Card or Treasure Jewel, please call Emerald Falls at (850) 233-1509 or 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 Treasure Card or Treasure Jewel shall be governed by and construed in accordance with the laws of the State of Florida 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 Treasure Card or Treasure Jewel (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 Treasure 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.