1. Gift Cards; Redemptions
Gift Cards are issued by Camp NYC, Inc., a Delaware corporation. Your Gift Card can only be redeemed for eligible goods and services at participating Camp websites and stores located in the United States. Eligible goods and services are subject to change in our sole discretion.
To use your Gift Card, present it at the time of your purchase. The purchase amount, plus applicable taxes, will be deducted from the available balance of the Gift Card until the balance reaches zero. If a purchase exceeds your Gift Card balance, the remaining amount must be paid with another payment method. Gift Cards may not be applied to previous purchases.
A Gift Card will never expire and we will not charge any dormancy fees.
2. Nonredeemable; Nonreturnable
Except as required by law, Gift Cards are not redeemable or exchangeable for cash, check or credit. Your Gift Card cannot be used to purchase other Gift Cards, reloaded, resold or used for payment outside of participating Camp websites and stores.
3. 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).
Use of Camp’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, distribution or use of Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Camp or any of its subsidiaries or affiliates is prohibited.
4. Risk of Loss
Lost, damaged or stolen Gift Cards will only be replaced for any remaining value if satisfactory proof of purchase is provided, and Camp is able to stop further use of the lost, damaged or stolen Gift Card. Camp shall not be liable for (i) lost, damaged or stolen Gift Cards or (ii) use of any Gift Cards by third parties. You are solely responsible for keeping your Gift Card safe and for any purchases made without your permission.
5. Use of any Gift Card in Violation of these Terms
By using a Gift Card you agree to comply with these Terms, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Camp, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained or used fraudulently, unlawfully, or otherwise in violation of these Terms. In addition, you agree to defend and indemnify Camp NYC, Inc. and its affiliates from and against any claims, expenses or liabilities made against or incurred in connection with your use of a Gift Card or violation of any of these Terms.
6. Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Camp, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Camp”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), Camp's advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect (available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879), or any other established alternative dispute resolution provider mutually agreed upon by you and Camp. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be limited solely to the dispute between you and Camp. Neither you nor Camp shall be entitled to join or consolidate Claims by or against other customers or arbitrate any Claim as a representative or class action or in a private Attorney General capacity. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and Camp and may be entered as a judgment in any court of competent jurisdiction. You and Camp shall pay your and its own costs and attorneys' fees. However, if you or Camp prevails on a statutory Claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in New York County, New York.
These Terms are effective as of last revised date posted at the end of these Terms. We may, in our sole discretion, to the extent permitted by law, at any time amend these Terms by posting revised Terms. Any amendments shall apply to outstanding Gift Cards and all Gift Card transactions that occur on or after the effective date of the amendments, unless otherwise indicated by us. By the acts of purchasing, accepting, and/or using the Gift Card after the effective date of any amendment to these Terms, you have communicated your consent to the amendment.
9. General Terms
When you purchase, receive, retain or use a Gift Card, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and Camp related to your use of a Gift Card. If any of these Terms are deemed invalid, void, or for any reason unenforceable, that unenforceable portion will be deemed severable and will not affect the validity and enforceability of any remaining portion of these Terms. Our rights to enforce any provision of these Terms shall not be waived by any failure by us to enforce the strict performance of any provision of these Terms.
Last revised January 5, 2021