Gift Card Terms & Conditions
TGCM TPCN Terms & Conditions are as follows:
Last Updated: March 29, 2023
IMPORTANT ARBITRATION NOTICE: THESE TERMS AND CONDITIONS CONTAIN TERMS FOR MANDATORY ARBITRATION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO ANY RESOLVE DISPUTES RELATING TO THE PURCHASE OR USE OF YOUR GIFT CARD, OR AN INTERPRETATION OR ENFORCEMENT OF THESE TERMS AND CONDITIONS. THE ISSUANCE, PURCHASE, AND USE OF THE GIFT CARD CONSTITUTES A WAIVER BY CARDHOLDER AND TPC OF THEIR RESPECTIVE RIGHTS TO FILE OR PROSECUTE ANY LAWSUIT OR OTHER COURT PROCEEDINGS OF ANY KIND, INCLUDING ANY CLASS ACTION IN CONNECTION WITH ANY CLAIM OR DISPUTE.
For purposes of these Terms and Conditions, including the Arbitration provision set forth below, the term “TPC” or “Brand” shall mean and include PGA TOUR Golf Course Properties, Inc. and Totus Gift Card Management, LLC, and any of their respective predecessors, successors, assigns, parents, subsidiaries, contractors, affiliates, and each of their respective officers, directors, shareholders, employees, and agents. The term “Issuer” means PGA TOUR Golf Course Properties, Inc. These Terms and Conditions, along with those set forth on the back of any Gift Card apply to all Gift Cards (whether physical or digital) issued by the Issuer on behalf of TPC.
Use of Gift Card
This Gift Card is redeemable only at participating TPC Clubs per the restrictions and list found at tpc.giftcardassistance.com. This Gift Card cannot be used toward the purchase of Gift Cards.
Nonreturnable; No Resale Without Consent
Notwithstanding anything contained in these Terms and Conditions, Gift Cards are not returnable or refundable for cash except in states where required by applicable law. The resale of Gift Cards is strictly prohibited without the consent of Issuer and Brand.
Not Redeemable for Cash
This Gift Card is not redeemable for cash except as required by law. If your TGCM TPCN card has a remaining balance of $10.00 or less, you may request a refund. Please call 855-479-4056 or send a message to email@example.com.
Your Gift Card is not reloadable.
Your Gift Card is issued and administered by PGA TOUR Golf Course Properties, Inc. The balance on any Gift Card is solely the liability of the Issuer.
Refusal to Honor or Redeem; Unauthorized Purchase
Brand, Issuer and, as applicable, their authorized representatives, reserve the right, in their sole and absolute discretion, to refuse to redeem or honor a Gift Card or any remaining value thereon if:
· The Gift Card has been purchased or otherwise obtained from an unauthorized seller or reseller, including through any auction site;
· A physical Gift Card has been altered, modified, or damaged in any manner;
· The Gift Card was issued in violation of any anti-money laundering policy of Issuer or Brand or any applicable federal or state law relating to anti-money laundering or terrorist financing;
Issuer or its authorized representatives reserves the right to disable a Gift Card if they have reason to believe or suspects that a Gift Card was obtained, used or applied fraudulently, unlawfully, or in violation of these Terms and Conditions.
Not for Promotional Use
Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless approval is received in writing from the Issuer and Brand.
No Use for Improper Purpose or Implied Affiliation
Use by a Cardholder of the Brand’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Gift Cards is strictly prohibited. Furthermore, the use of any Gift Card in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Brand or any of its subsidiaries or affiliates is prohibited.
Gift Card Balance
You may check your Gift Card balance by visiting https://tpc.com/gift-cards/. Please note that the balance given or reflected online is an estimate only. Such balance may be periodically adjusted or changed in the event of a purchase or other charge or transaction on your Gift Card.
Questions; Replacement; and Refunds
A Cardholder with a Gift Card can call 855-479-4056 or message a customer service representative at firstname.lastname@example.org for general questions about use of your Gift Card, the replacement of, your Gift Card, a refund request, or any of these Terms and Conditions.
Gift Cards Do Not Expire
Except where or when allowed by applicable state or federal law, your Gift Card does not expire. No dormancy fees or fees for non-use of your Gift Card will be charged or deducted from your balance unless specifically allowed by applicable state or federal law.
Lost, Stolen or Unauthorized Use of Gift Cards
Lost or stolen cards will not be replaced. Neither Issuer nor Brand shall have liability to the Cardholder for (i) lost or stolen Gift Cards or the (ii) unauthorized use of a gift card.
Compliance with Laws
By purchasing a Gift Card, you are certifying and representing to Brand that the activities in connection with which the Gift Card will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers, the Issuer, or the Brand. In addition, you agree to indemnify, hold harmless, and defend the Issuer and Brand and their subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Card or any violation of any of these Terms and Conditions.
Arbitration of Legal Disputes Regarding Purchase or Use
THE FOLLOWING TERMS AND PROVISIONS MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE READ FULLY AND CAREFULLY.
This arbitration provision provides that you and the Issuer waive any right to file a lawsuit in court or participate in a class action for matters relating to the purchase, issuance, use of your gift card, or any provisions of these Terms and Conditions.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ISSUER, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR, INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND ISSUER, ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. THE ARBITRATION WILL BE ADMINISTERED BY A SINGLE ARBITRATOR (THE “ARBITRATOR”) MUTUALLY SELECTED BY YOU AND ISSUER PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JULY 1, 2014 (THE “JAMS RULES”) AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE. THE JAMS RULES, INCLUDING INSTRUCTIONS FOR BRINGING ARBITRATION, ARE AVAILABLE ON THE JAMS WEBSITE AT https://www.jamsadr.com/rules-streamlined-arbitration/. THE MINIMUM STANDARDS ARE AVAILABLE AT https://www.jamsadr.com/consumer-minimum-standards/.
THE ARBITRATOR WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES, UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY YOU OR ISSUER AN IN-PERSON HEARING IS APPROPRIATE. ANY IN-PERSON APPEARANCES WILL BE HELD AT A LOCATION THAT IS REASONABLY CONVENIENT TO YOU. THE ARBITRATOR WILL FOLLOW THESE TERMS AND CONDITIONS AND HIS OR HER AWARD WILL BE FINAL AND BINDING ON ALL PARTIES. NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS WILL PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES FOR THE VIOLATION OF ANY PENAL LAW, OR STATE OR FEDERAL REGULATORY RULE OR PROVISION.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER CUSTOMERS OF ISSUER, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
THIS ARBITRATION PROVISION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS AND THE REDEMPTION OF ANY AND ALL AMOUNTS AVAILABLE ON ANY GIFT CARD. ANY AMENDMENTS TO THIS ARBITRATION PROVISION SHALL NOT AFFECT ANY PENDING ASSERTED CLAIM OR ARBITRATION PROCEEDING.
Limitation of Liability
ISSUER, BRAND, AND THEIR RESPECTIVE AFFILIATES AND AUTHORIZED REPRESENTATIVES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD THAT HAS NOT BEEN FULLY REDEEMED IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND ISSUER’S SOLE LIABILITY, SHALL BE FOR THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
The Cardholder acknowledges and agrees that the issuance, purchase, and use of this Gift Card is governed by the laws of the State of Florida without regard to principles of conflicts of laws. Cardholder agrees that any claim or proceeding, including an arbitration proceeding as referenced above, relating to the use, terms, conditions of this Gift Card shall be brought in St. Johns County, Florida. The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Florida.
Except as provided in Section D, any provision of this Notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the Notice shall be given full force and effect.
Change In Terms and Conditions
Gift Card terms and conditions are subject to change without notice and some items may not be available for purchase. Please visit this site, tpc.giftcardassistance.com, for current terms, conditions, and limitations. Brand or Issuer may modify, suspend, or discontinue any one or more of these Terms and Conditions from time to time in their sole discretion without prior notice or liability to Cardholder, subject to applicable law. If we are required to provide you notice of any changes to these Terms and Conditions, Brand and Issuer will do so in accordance with the Electronic Communications Agreement or applicable law. Subject to applicable law, your continued use of a Gift Card following such notice shall be deemed to be your acceptance of such modified version of these Terms and Conditions.
For questions, contact us at:
7150 E. Camelback Road, Suite 444
Scottsdale, AZ 85251