ATG Entertainment Gift Card Terms and Conditions
Updated: December 4, 2024
DEFINITIONS AND INTERPRETATION
ATG Entertainment Gift Cards are issued by ATG Tickets US LLC. These terms and conditions (the “Gift Card Terms”) apply to all digital and physical Gift Cards (each a “Gift Card” or collectively, "Gift Cards") purchased, obtained, redeemed, or used in the United States and its territories. Your purchase, acceptance, or use of a Gift Card constitutes your agreement to follow and be bound by these Gift Card Terms.
‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sport, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
‘Site’ means any of the following web sites: https://www.thehudsonbroadway.com/; https://www.lyricbroadway.com/; https://www.emersoncolonialtheatre.com/; https://www.saengernola.com/; https://www.mahaliajacksontheater.com/; https://www.broadwayindetroit.com/; https://smartfinancialcentre.net/; https://www.majesticempire.com/; https://www.theespee.com/; https://broadwaysf.com/
‘Gift Card Terms’ means these terms and conditions.
‘Tickets’ means printed, electronic or other type of evidence (including a wristband) of the right to occupy space at or to attend an Event sold by Us to You on behalf of the Event Partner(s).
‘Venue’ means any facilities or locations of any nature where the Event is being held.
‘Gift Card(s)’ means an ATG Gift Card You purchase from Us.
‘Working Day’ means Monday to Friday, excluding any Public or Bank Holidays.
‘You’ means you as the purchaser of a Gift Card or anybody who in Our reasonable opinion is acting with your authority or permission. ‘Your’ shall be read accordingly.
‘Recipient’ is the person to whom the Gift Card has been given by ‘You’.
1.1 Gift Cards shall be dispatched by email to the designated email account as soon as payment for the Gift Card has been cleared. Gift cards sold in person may be printed out on hard ticket stock and delivered by hand.
1.2 It is your responsibility to ensure that you provide the correct email address. We will not be responsible for the incorrect delivery of Gift Cards due to an error by you (such as, a misspoken or mistyped email address).
1.3 Cleared payment is required prior to the dispatch of orders. Payment is taken automatically at the time of purchase. We reserve the right to decline any order without providing explanation.
1.4 Gift Cards are only available for purchase in US Dollars.
1.5 We will not be responsible for emailed Gift Cards that cannot be delivered due to the recipient's spam filters, firewalls, capacity of the mailbox, or any other factors outside of Our reasonable control.
1.6 The purchaser of the Gift Card has the right to cancel the Gift Card within 14 days of receipt provided that the Gift Card has not been used. This does not apply to purchases in person, such as at a Box Office, where all sales are final. If You exercise your right to cancel, We will endeavor to refund the amount of the Gift Card to the original payment method used during ordering within 14 days of cancellation.
1.7 The purchaser of the Gift Card must inform Us of their intention to cancel the purchase within 14 days of the date on which the Gift Card is received, we recommend that this is done by emailing our Customer Service Team at [email protected][JB1] . Please include a clear statement of the wish to cancel the purchase, provide evidence of proof of purchase, details of name, phone number, email address, address, and details of the order to cancel.
2.1 You may use Your Gift Card to purchase eligible items at all participating ATG Entertainment venues. Gift Cards cannot be redeemed against merchandise, food, or beverage purchases in venues. When you use Your Gift Card the amount of Your purchase will be deducted from the balance on the Gift Card. The remaining balance may be redeemed against future purchases provided that the Gift Card has not expired (Pursuant to clause 3.1). Change will not be given. If your purchase exceeds the balance on the Gift Card, you must pay the excess by another payment method.
2.2 You may check the balance on your Gift Card by contacting our Customer Service Team at (313) 887-1256. Gift Cards cannot be used to purchase Gift Cards. You may not exchange or redeem your Gift Card for cash.
2.3 We reserve the right to refuse to accept damaged Gift Cards or any Gift Card which we believe has been stolen, duplicated, tampered with or is being used fraudulently or is otherwise suspected to be affected by fraud.
2.4 One or more Gift Cards can be redeemed against a single order.
3. EXPIRATION AND CANCELLATION
3.1 The portion of your balance from Gift Cards issued after October 1, 2005, does not expire and may be used for eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of any Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005, expire in accordance with the issued terms.
4.1 Title and risk of loss for Gift Cards pass to you once purchased. You are responsible for safeguarding your Gift Card from unauthorized use. We will not be responsible if any Gift Card is lost, stolen, destroyed, or used without your permission. We are not responsible for, and assume no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.
5.1 The re-sale of Gift Cards is strictly prohibited; You may not sell Your Gift Card.
5.2 You may only use Your Gift Card for Your own personal non-commercial use. Gift Cards may not be used in sales or promotional activities, including as giveaways or prizes in competitions without our prior written consent.
5.3 We reserve the right to cancel any Gift Cards that we suspect have been resold or obtained in connection with any unauthorized sales or promotional activity.
6. DATA PROTECTION AND PRIVACY
6.1 You may be asked to provide certain personal information, including Your or the Recipient’s name, address and contact details. You agree that the information you provide to us will be true, accurate, current and complete in all respects. You also agree to notify us of any changes in this information. We are committed to maintaining the security of your personal information in accordance with our Privacy Policy.
7.1 Gift cards are provided on an 'as is' basis. Without limiting the disclaimer of warranties contained in our Terms of Use and to the fullest extent permitted by law, we make no representations, warranties, or conditions of any kind, express or implied, with respect to gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. We do not represent or warrant that a gift card will always be accessible or accepted. To the fullest extent permissible by law, we and our Event Partners shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim or liability of any kind or character whatsoever based upon or resulting from the gift cards or use of such gift cards. In the event that we are found liable to you and to the fullest extent permissible by law, your sole remedy will be to recover actual and direct damages which shall not exceed the last balance held on your gift card.
8.1 We reserve the right to make changes or waive any provision of these Gift Card Terms, at any time without notice, from time to time or to terminate the Gift Card service at our sole discretion.
9.1 These Gift Card Terms constitute the entire agreement and understanding between Us and You with respect to Your use of Gift Cards.
9.2 If any provision of these Gift Card Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Gift Card Terms and shall not affect the validity and enforceability of any remaining provisions.
9.3 Any failure or delay by Us in enforcing (in whole or in part) any provision of these Gift Card Terms will not be interpreted as a waiver of our rights or remedies.
10.1 These Gift Card Terms shall be governed by the laws of the State of New York.
10.2 If we are unable to settle any dispute relating to the Site by negotiation, any disputes, claims or controversies arising from or related to your use of the Site, shall be submitted by Us to mediation and if the matter cannot be resolved through mediation, it shall be submitted for binding arbitration. Unless we and you agree otherwise, any mediation and/or arbitration shall take place in the State of New York, County of New York, and shall be administered by and pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any claims or disputes to be arbitrated or litigated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. No arbitration award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any rights arising by reason of your use of the Site (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and you specifically waive any right to be a member of a class action lawsuit for any claim, dispute or controversy arising from your use of the Site. Notwithstanding the foregoing, ATG may commence an action for injunctive relief in a court of law at any time to enforce its rights under these Terms of Use and/or to protect its property.
11.1 If you have any questions, comments or complaints about these Gift Card Terms or your Gift Card, please contact Customer Service by calling (313) 887-1256. We will attempt to acknowledge all customer correspondence within 24 hours.