October 25, 2017 Atom Gift Cards Terms & Conditions
Note: These terms and conditions are no longer applicable and are for archival purposes only.
Last Updated: October 25, 2017
Card does not expire or charge a fee. Purchase, use or acceptance of card constitutes acceptance of these terms. Redeem only through Atom Tickets mobile app or atomtickets.com to purchase movie tickets (and concessions or merchandise, where available), at participating theatres in the U.S./Canada.
Not refundable. Not usable to buy gift cards. Not for resale. Not redeemable for cash unless required by law. Will not be replaced if lost, stolen or used without permission. Atom Tickets, LLC is the card issue and sole obligor to card owner. Atom Tickets, LLC may delegate its issuer obligations to an assignee, without recourse; if it does, the assignee, not Atom Tickets, LLC, will be sole obligor to card owner.
1. General Terms.
These Atom Tickets Gift Card Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to Atom Tickets Gift Cards and eGift Cards (collectively “Gift Cards”) regardless of where or how the Gift Cards are purchased (e.g., at retail stores, online or through mobile applications, or received from third-parties). This Agreement is between you (the “Cardholder”) and Atom Tickets, LLC (“Atom Tickets” or the “Issuer”). By purchasing, accepting or using your Gift Card, you agree to be bound by this Agreement and that the laws of the State of California, without regard to principles of conflict laws, will govern this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Gift Card.
Gift Cards are void where prohibited.
All orders of Gift Cards are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your Gift Card order may be delayed until it can be corrected. If you have concerns about your order, please contact Customer Support and refer to your order number or be ready to supply your e-mail address.
IMPORTANT: This Agreement includes resolution of disputes by arbitration, instead of in court, and a class-action waiver.
2. Card Issuer.
As referenced above, the Gift Cards in the Atom Tickets Gift Card program are issued by Atom Tickets. The Gift Cards are distributed and/or sold by Atom Tickets. As the Card Issuer, Atom Tickets is the sole obligor with respect to the gift cards. Atom Tickets may assign this Agreement and its duties at any time, without notice to the Gift Card owners. Upon that event, the assignee will become the Gift Card Issuer of the gift cards and the obligor on the Gift Cards. Any such assignment will be without recourse to Atom Tickets, in which case the assignee will become the sole obligor with respect to the Gift Cards upon the assignment, and Atom Tickets will cease to be an obligor with respect to the Gift Cards.
3. No Cash Value.
Gifts Cards are not debit or credit cards. Gift Cards have no cash value and there are no credits, refunds or exchanges. Gift Cards may not be redeemed for cash or credit unless, except and only to the extent as required by law (a small number of states have enacted statues requiring gift cards to be redeemable for cash in limited circumstances – you can check your state’s statutes for more information).
Atom Tickets Gift Cards are redeemable for movie tickets, concessions (where and when available), merchandise (where and when available) and associated fees only at atomtickets.com or through the free Atom Tickets mobile app. Your Gift Card is not redeemable at any movie theater box office (in person or online), or at any other merchants. You can review a list of all Atom Tickets participating theaters.
To redeem the value of a Gift Card, you can enter the code during the checkout process. As part of this redemption process, whether checking out by creating an account or checking out as a guest, you will be required to provide an e-mail address, a credit card (unless you are checking out as a guess and the Gift Card balance covers the entire transaction amount) and other information.
Remember that the initial available balance on your gift card will be an amount set at the time of activation and/or purchase. Thereafter, the available balance will be reduced by each authorized use of the card or as otherwise provided in the terms and conditions except as prohibited by law. Thus, if you use your Gift Card to make a purchase for less than the available balance of the Gift Card, the remaining balance will not be paid in cash to you, unless a cash payment is otherwise required by law. But you will be able to use the remaining balance on the Gift Card on a later transaction with Atom Tickets.
Your Gift Card is redeemable only up to the available balance of your Gift Card. Any purchase amount greater than the available balance of your Gift Card must be paid with an alternative method of payment (for example, through use of a credit card). These combined transactions are known as split tenders, and Atom Tickets will facilitate these transactions as described below. You should keep track of your Gift Card balance, as discussed below.
Your gift card cannot be used to purchase other Gift Cards. Your Gift Card must have a valid card number to be redeemed.
5. Returns, Refunds and Exchanges.
As for your Gift Card itself, you can cancel your purchase if you have not yet redeemed the Gift Card by contacting Customer Support. Cancellation is subject to limitations.
No other refunds or exchanges are permitted with respect to Gift Cards except as required by law.
6. Delivery and Risk of Loss.
Atom Tickets is not responsible for lost or stolen Gift Cards, including Gift Cards that are undeliverable or not received due to your failure to enter an accurate physical address or e-mail address for the recipient. You assume ownership and risk of loss upon purchase confirmation, for eGift Cards, or delivery to carrier, for physical Gift Cards. Specifically, ownership and risk of loss of eGift Cards passes to the purchaser as soon as purchase confirmation is sent to the recipient, and ownership and risk of loss for a physical Gift Card passes to the recipient as soon as the Gift Card is delivered to the designated carrier. When making your purchase, please check to make sure the address of the recipient is correct.
For physical Gift Cards, Atom Tickets, or its suppliers, may ship partial shipments of any Gift Card order at its sole and absolute discretion. Atom Tickets is under no obligation to provide notice of any expected delay for any shipment or delivery. Any estimates of shipping or delivery dates displayed or discussed online are preliminary good-faith estimates and shall in no way be binding or create any representation or warranty by Atom Tickets.
For eGift Cards, which are delivered via e-mail, there are reasons beyond Atom Tickets’ control for why delivery may fail. If you have confirmed the recipient's e-mail address but the eGift Card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common reasons why delivery may have failed:
- Spam filter blocked email or routed it to a bulk/spam folder.
- Recipient's firewall blocked the email.
- Recipient’s e-mail inbox is over size limit.
- The provided e-mail address is invalid.
If a spam filter is blocking e-mails from getting to an inbox, the e-mail options will need to be modified so that Atom Tickets e-mails are not considered spam.
If you need further assistance, contact Customer Support.
7. Atom Tickets Gift Cards Do Not Expire
Atom Tickets Gift Cards do not expire, and there are no maintenance fees, dormancy fees or service fees. However, customary service fees that are charged to purchases made using the Atom Ticket’s app or website may apply to a transaction being purchased with a Gift Card. These customary service fees apply regardless of the method of payment used to make the purchase.
8. Balance Inquiries.
You can check your balance anytime by contacting Customer Support or by visiting Atom’s Gift Card website and clicking the link for “Find Your Gift Card Balance”. You can also check your account, if you have an Atom Tickets account and have added your Gift Card to your account. When you check your balance, it is an estimate only - in most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
9. Other Questions and Customer Support
For helpful information about Atom Tickets Gift Cards which may not be included in these terms, please visit the Atom Tickets Gift Cards FAQ. If you have other questions or need assistance, please contact Customer Support [e-mail/phone number]. Please have your order number, phone number or e-mail address ready.
10. Gift Cards May Not Be Resold.
Gift Cards are not for resale and cannot otherwise be transferred for value. Gifts Cards are only valid if obtained from Atom Tickets or an authorized third-party distributor. If you obtained your Gift Card from an unauthorized seller or reseller, including through an Internet auction site, your Gift Card may not be valid, your Gift Card may not be honored, and Issuer will not be liable.
11. Gift Cards Cannot Be Reloaded.
Your Gift Card is a single-load card. As such, after your initial purchase of the Gift Card, you cannot add or reload additional value to the Gift Card.
12. Other Limitations.
Gift Cards may not be used in connection with any marketing, advertising or promotional activities without Atom Tickets’ prior written approval and may not be sold other than through authorized channels.
Atom Tickets limits the daily limit that may be placed on any Gift Card, as well as the daily limit on the total Gift Card purchases for any single individual or entity. Atom Tickets reserves the right to otherwise limit quantities of Gift Cards purchased by any person or entity. You can contact Customer Support with any questions.
13. Split Tenders and Order of Payment.
When you checkout with an Atom Tickets transaction, Atom Tickets will apply an promotions to your order before applying methods of payment. Atom Tickets will then apply any applicable movie theater gifts cards followed by Atom Tickets Gift Cards and, if there is a remaining balance due, your selected payment method. If you have more than one Atom Tickets Gift Card added to your account, Atom Tickets applies them to the purchase in the same order as they were added to your account. You can select not to apply a Gift Card to a purchase by removing it during checkout.
14. Lost or Stolen Gift Cards Will Not Be Replaced.
Safeguard your Gift Card. Although your Gift Card is not cash, you should safeguard it like cash. Your Gift Card is not subject to replacement if it is lost, stolen or damaged. Therefore, you will bear the risk of any lost, stolen or damaged Gift Card. If you suspect that someone has copied your Gift Card, contact Customer Support immediately as Gift Cards will not be replaced if used without authorization.
15. Personalized Messages and Uploaded Images
During the purchase process, you may have the opportunity to add a personal message to a Gift Card. Personal messages will be limited in length. There will not be any additional charges for personal messages. Atom Tickets reserves the right to cancel a personal message for any reason including, but not limited to, messages that are threatening, offensive, or otherwise inappropriate or objectionable.
During the purchase process, you may also have the opportunity to upload your own image for display on a Gift Card. There will not be any additional charges for including your own image. Atom Tickets reserves the right to cancel an uploaded image or replace it for any reason including, but not limited to, images that infringe upon any trademarks or copyrights, or that are threatening, offensive, or otherwise inappropriate or objectionable.
16. Governing Law.
The laws of the State of California shall govern your purchase and use of Gift Cards and this Agreement, consistent with the Federal Arbitration Act, without regard to principles or conflict of law and without otherwise giving effect to any principles that provide for the application of the law of another jurisdiction.
17. Limitations of Liability.
ATOM TICKETS AND ITS AFFILIATES 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. IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ATOM TICKETS AND YOU. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
18. Mandatory Binding Individual Arbitration.
19. Miscellaneous Terms.
Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
Your Gift Card cannot be used in any illegal transaction. Issuer reserves the right to refuse to honor a Gift Card where Issuer suspects that the Card may have been obtained fraudulently.
Your Gift Card is a limited-value and limited-use stored card. It is not a credit card, a debit card, asset account, or a deposit account. Your Gift Card is not a bank issued card. The funds loaded on the Gift Card are not segregated or kept in a fund pending use of the card. Therefore, the Gift Card obligation is not backed by segregated cash funds.
If you have not used your Gift Card within a time period set by state law, the unused Gift Card balance may be deemed unclaimed property and subject to applicable unclaimed property statutes.
If our Gift Card system becomes temporarily inoperative, you may not be able to obtain information about your Gift Card balances or transactions, or to use your Gift Cards during that period. While you agree that Issuer and its affiliates are not responsible for any interruption of service or the quality, safety, or any other aspect of any goods or services purchased by you with your Gift Card, you may contact Customer Support if you experience such problems.
If any terms of this Agreement are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on this page or elsewhere at atomtickets.com.