TERMS AND CONDITIONS GOVERNING PURCHASE AND USE OF NASCAR SPEEDPARK SMOKY MOUNTAINS ARCADE CARD
The NASCAR SpeedPark Smoky Mountains Arcade Card (the “Arcade Card”) is a stored value card with a magnetic strip that allows you to use electronic Credits to play games at the NASCAR SpeedPark Smoky Mountains, and to collect electronic Points won during Game play and redeem the Points for prizes.
These terms and conditions (the “Terms & Conditions”) govern all Arcade Cards and their use. The Arcade Card is provided and administered by PARC Pigeon Forge, LLC d/b/a NASCAR SpeedPark Smoky Mountains (“NASCAR SpeedPark”). By purchasing, recharging, or using an Arcade Card, you agree to be legally bound by these Terms & Conditions, as they may be amended from time to time, without notice to you. You can obtain the latest version of these Terms & Conditions on this webpage.
HOW TO PURCHASE AN ARCADE CARD, CHECK YOUR CREDIT AND POINT BALANCE AND COMBINE OR TRANSFER CREDITS AND POINTS
- Arcade Cards are sold at self-service kiosks in the SpeedDome Arcade at NASCAR SpeedPark. Multiple packages are offered, many of which offer free Credits as a bonus for purchasing a package (“Bonus Credits’.) The number of Bonus Credits increases with the dollar value of the package purchased.
- When purchased at a kiosk, you can load the Arcade Card with Credits and pay with cash or a credit card. Online purchases require a credit card.
- The Credits you purchase and the Points you win are stored on your Arcade Card and do not expire and are not subject to a maintenance fee.
- You may check your Arcade Card Credit and Point balances by going to a kiosk in the SpeedDome Arcade, or online at https://nascarspeedpark.com/arcadecard. If you register your card at https://nascarspeedpark.com/arcadecard, you will be able to view your balance of Credits and Points online, and replace a lost or destroyed Arcade Card (see below for details.)
- You may combine Credits and Points from any number of Arcade Cards onto other Arcade Cards during your visit by asking a Team Member at the Redemption Counter. The Arcade Cards used to transfer Credits or Points to another Arcade Card will contain a zero balance after the transfer but will remain active to allow for additional recharges with no additional fee.
HOW TO USE YOUR ARCADE CARD AND REDEEM POINTS PLAYING GAMES WITH CREDITS
- Once loaded with Credits, Arcade Cards can activate all games in the Arcade, plus the Hologate VR game (located at the front of the Arcade), Spin Zone bumper cars (located inside and adjacent to the Arcade) and Outside Basketball (located outside on the Midway)(collectively “Games.”)
- The number of Credits required to activate each Game varies by Game and is displayed on each Game display window where the Arcade Card is swiped. With each swipe of the Arcade Card, Credits are deducted from the total balance of Credits and the remaining balance is shown on the Game display.
- When the display window at the Game reads “Insufficiant Credits” the Game costs more Credits than remain on your Arcade Card; however, you may have enough Credits to play another Game that requires fewer Credits to play. You may check your Arcade Card balance at any kiosk and view the displays on the Games to determine which Game you can play for the amount of Credits that remain on your Arcade Card.
- If you do not have enough Credits on your Arcade Card to play any Game, you can recharge your Arcade Card, transfer the remaining balance to another Arcade Card, or use your remaining available Credits to play a last Game with our “One Final Lap” program. One Final Lap allows you to exchange your remaining balance of Credits to play any arcade game (your “One Final Lap”). After your One Final Lap, your Arcade Card will have a zero balance but may still be recharged with no additional fee. One Final Lap applies to arcade games only. You may not use One Final Lap to play Hologate VR, Spin Zone, or Outdoor Basketball.
REDEEMING POINTS FOR PRIZES
- Points won during Game play are automatically added to the Arcade Card and stored until redeemed for prizes. Certain Games do not offer Points for redemption.
- If you win Points, you may redeem those Points for merchandise at the Redemption Counter located inside the Arcade or you may retain the Points on your Arcade Card for later use.
- Upon selecting a prize, the required number of Points is deducted from your Points balance on your Arcade Card.
- Based on pricing and availability of merchandise, you may not have enough Points to redeem for a desired prize, or for any prize. If this occurs, you can choose an available item which is equal to or less than your Point balance, combine your Points with another Arcade Card, or save your remaining Points for a later visit.
- NASCAR SpeedPark is not responsible for lost, stolen, discarded or damaged Arcade Cards containing Credits or Points. Only Credits and Points remaining on the date of replacement will be restored to the Arcade Card. If an Arcade card is stolen and the Credits are used and/or the Points redeemed prior to replacement of a registered Arcade Card, the Arcade Card will be replaced but the Credits and/or Points will not be restored.
- NASCAR SpeedPark’s Go-Kart Tracks, the Rock (indoor rock wall attraction), and all outdoor rides and attractions (such as Bumper Boats, Mini-Golf, Speedway Draft coaster, The Scrambler, Tilt-a-Whirl, and other outdoor rides) are currently ticketed through the purchase of an unlimited “play all day” wristband and cannot be activated by an Arcade Card. Also, the Arcade Cards may not be used for food and beverage purchases, retail purchases, purchases of gift cards, group events or birthday parties.
- Any resale or other transfer of an Arcade Card for consideration will render the Arcade Card and associated credit and/or point balances void and subject to cancellation.
- Your Arcade Card is non-refundable and Credits and Points will not, under any circumstances, be redeemed for cash, unless required by law.
- All sales and use tax is included in your Arcade Card purchase.
- NASCAR SpeedPark reserves the right not to accept an Arcade Card or otherwise limit use of the Arcade Card if it believes the use is unauthorized, fraudulent or otherwise unlawful or violates these Terms & Conditions.
- You will not be sent statements of itemized transactions involving your Arcade Card.
- The prices of Games and amount of Points awarded during Game play are subject to change at any time.
- Points will be awarded to you for successful play of properly functioning redemption Games.
- If a Game malfunctions during play, you will be allowed one free play of the same Game, or if the Game has a persistent malfunction that cannot be corrected, a comparable Game. No Points will be awarded for the Game play during which the malfunction occurs.
- If a redemption Game fails to award the appropriate amount of Points, as determined by NASCAR SpeedPark, in its sole discretion, the proper number of Points will be awarded/added to the Arcade Card used to activate the Game.
- If a redemption Game awards excess Points due to a malfunction, NASCAR SpeedPark may deduct the excess Points from the Arcade Card to which they were awarded.
FRAUD, MISUSE AND ABUSE
NASCAR SpeedPark may suspend, cancel or make any adjustments to Credit and Point balances in the event of any fraud, misuse or abuse; as determined by NASCAR SpeedPark in its sole discretion.
NASCAR SpeedPark may suspend or terminate your Arcade Card 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 Arcade Card or violation of these Terms & Conditions. If we terminate your card with cause, all Credits and Points will be voided and may not be used. You will receive no compensation from us for voided Credits or Points. If we terminate your Arcade Card without cause, we will refund or issue store Credits equal to the balance of Credits purchased or Points held in your Arcade Card account less any amounts that you may owe NASCAR SpeedPark.
BILLING ERRORS AND CORRECTIONS
We reserve the right to correct the balance of your Arcade Card 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 Arcade Card, please contact NASCAR SpeedPark. 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 sixty (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 an Arcade Card shall be governed by and construed in accordance with the laws of the State of Tennessee 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 Arcade Card (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 twenty (20) years at the AAA offices nearest to the NASCAR SpeedPark, 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.