Terms and Conditions

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 RECORD HOLDER AND ISSUER OF THEIR RESPECTIVE RIGHT TO FILE OR PROSECUTE ANY LAWSUIT OR OTHER COURT PROCEEDINGS OF ANY KIND, INCLUDING ANY CLASS ACTION IN CONNECTION WITH ANY CLAIM OR DISPUTE.

By the purchase, acceptance, or use of a Gift Card in physical or digital form ("Gift Card") and in consideration for your right to use the Gift Card, you agree to be bound by (a) these Gift Card Terms and Conditions (“Terms and Conditions”); (b) the Terms set forth on the back of any physical Gift Card or contained within the email or other activation correspondence for a digital Gift Card; and (c) the Terms of Use and Privacy Policy set forth on the websites of Issuer (as defined below) or Brand, which are expressly incorporated herein. The term “Cardholder”, as used in these Terms and Conditions, means any purchaser, giftee, donee, or user of the Gift Card. The terms "you" and "your" means the Cardholder.

For purposes of these Terms and Conditions, including the Arbitration provision set forth below, the term “Brand” and “Issuer” shall mean the named entity and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, and agents. 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 OwnersBox Daily Fantasy Sports (the “Brand”).

Gift Card terms and conditions are subject to change without notice and some items may not be available for purchase. Please visit ownersbox.giftcardhelp.com for current terms, conditions, and limitations.

This Gift Card is redeemable only toward the account balance at ownersbox.com and where approved by Brand. This Gift Card cannot be used toward the purchase of Gift Cards. State and age eligibility restrictions apply.

Unless other restrictions apply, Gift Cards may be used at any Brand location (if applicable) or at the Brand’s online location at www.ownersbox.com.

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.

This Gift Card is not redeemable for cash except as required by law. If your TGCM OBFS, LLC issued card has a remaining balance of $10.00 or less, you may request a refund. Please call 866-986-0322 or send a message to ownersbox@giftcardhelp.com.

Your Gift Card is issued and administered by TGCM OBFS, LLC. The balance on any Gift Card is solely the liability of the Issuer.

Issuer and Brand reserve the right, in their sole and absolute discretion, to refuse to redeem or honor a Gift card or any remaining value thereon if:

Issuer reserves the right to disable a Gift Card if it has reason to believe or suspects that a Gift Card was obtained, used or applied fraudulently, unlawfully, or in violation of these Terms and Conditions.

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.

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.

If you wish to purchase Gift Cards in Bulk, please call us at 866-986-0322 Monday-Friday from 8:00 a.m. to 5:00 p.m. (CT) or contact the Issuer by email at ownersbox@giftcardhelp.com and someone will contact you by the next business day. See our Gift Card FAQs for additional information regarding the bulk purchase of Gift Cards.

You may check your TGCM OBFS, LLC Issued Gift Card balance by visiting balance.clutch/ownersbox. Card balances may also be checked by applying the Gift Card to the a verified OwnersBox Fantasy Sports account or by reaching out to our team at ownersbox@giftcardhelp.com. 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.

A Cardholder with a TGCM OBFS, LLC Issued Gift Card can call 866-986-0322 or message a customer service representative at ownersbox@giftcardhelp.com 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.

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 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.

By purchasing a TGCM OBFS, LLC Issued 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.

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.

ISSUER AND THEIR AFFILIATES 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 Arizona 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 Maricopa County, Arizona. 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 Arizona.

In the event of any conflict between these Terms and Conditions and those contained in the Terms of Use, these Terms and Conditions shall control and govern.

ISSUER

Email: ownersbox@giftcardhelp.com

Telephone: 866-986-0322

Our Offices:

Customer Service

7150 E. Camelback Road, Suite 444

Scottsdale, AZ 85251