Gift Card Terms
These Fandango Gift Card Terms ("Gift Card Terms") were last updated on September 13, 2016, 2016 and describe the terms and conditions that apply to Fandango, FandangoNOW and M-Go gift cards or e-gift cards (collectively "Gift Card(s)"), regardless of where or how purchased. These Gift Card Terms constitute an agreement between you and Fandango Marketing, Inc. ("Issuer"). By purchasing, accepting or using your Gift Card, you agree to be bound by these Gift Card Terms. If you do not agree with these Gift Card Terms, do not purchase, use or accept the Gift Card. The purchase and use of Gift Cards are also subject to our other Terms and Policies. Those Terms and Policies contain, among other things, applicable legal provisions and definitions for some of the words used in these Gift Card Terms.
NOTICE OF ARBITRATION PROVISIONS: Your purchase and use of Gift Cards or other use of our Services is subject to binding individual arbitration of any disputes which may arise, as provided in the Terms and Policies, which also means that you waive your right to participate in any class action. Please read the arbitration provisions carefully and do not use or purchase Gift Cards or otherwise use our Services if you are unwilling to arbitrate any disputes you may have with us.
Please also note that regardless of what the Terms and Policies (including, but not limited to the arbitration provisions) say, Gift Cards, including but not limited to their use and purchase, shall be subject to the laws of Virginia. In any arbitration concerning the Gift Cards, the laws of Virginia shall apply, consistent with the Federal Arbitration Act.
- Gift Cards can only be used on Fandango.com, Fandangonow.com or via participating Fandango or FandangoNOW apps; provided, that M-Go branded Gift Cards can only be used on Fandangonow.com and participating FandangoNOW apps. Gift Cards may not be redeemed in person or at any theater box office. To redeem a Gift Card for purchase or rental of content on Fandangonow.com or via the participating FandangoNOW apps, you may have to first register (including possibly providing email, credit card and other information) through our online registration process and create a FandangoNOW Account.
- The Gift Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Gift Card program. Issuer is the sole legal obligor to you; provided, however, that Issuer may assign its obligations with respect to the Gift Cards at any time, in which case such assignee shall become the Issuer and sole legal obligor to you. Fandango Media, LLC and its affiliates and related entities other than Issuer (collectively, the "Other Fandango Companies") bear no responsibility or liability for any Gift Cards, and you hereby knowingly release the Other Fandango Companies from any and all liability or claims of any nature whatsoever arising in connection with the Gift Cards. Gift Cards can be purchased at many major retail stores or online, including through Fandango.
- Delivery/Risk of Loss. When you purchase physical Gift Cards through Fandango, you shall pay any and all freight, shipping and any other affiliated charges or duties associated with delivery of the Gift Cards. You assume any and all risk of loss upon delivery of any Gift Cards by Fandango or its supplier to the common carrier. Insurance will not be provided by Fandango or its supplier on any Gift Card while in transit. Neither Fandango nor its suppliers shall assume liability in connection with the shipment, nor shall the carrier be construed to be the agent or representative of Fandango or its suppliers. Fandango, or its suppliers, may ship partial shipments of any Gift Card order at its sole and absolute discretion. Fandango 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 Fandango.
- Not for Resale. Gift Card is valid only if obtained from Fandango or an authorized third-party distributor. Gift Card is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites. Gift Card cannot be resold without Fandango's formal written authorization.
- Gift Cards do not expire. Maintenance, dormancy or service fees do not apply to balances on Gift Cards. However, Fandango will apply its customary fees (including, but not limited to, a Fandango ticket convenience fee) when you purchase a movie ticket, as applicable, regardless of the method of payment used to make the purchase. 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.
- Hold your Gift Cards securely and write down your Gift Card number and PIN in a safe place. Gift Cards are not reloadable and cannot be replaced if lost, stolen or used without authorization.
- Gift Cards are not debit or credit cards. Gift Cards have no cash value, there are no credits, refunds or exchanges, and they may not be redeemed for cash (except as required by law). Purchase amounts that exceed the value of the tendered Card balance will require an additional payment for the balance due. Gift Cards are void where prohibited.
- Gift Cards are redeemable up to their balance only, and that balance may be used only towards the purchase of movie tickets, purchase or rental of content, and associated fees, on Fandango.com, Fandangonow.com, or via participating Fandango or FandangoNow apps; provided that M-GO branded Gift Card balances may only be used for purchase or rental of content on Fandangonow.com or participating FandangoNow apps.
- Purchase amounts that exceed the value of the tendered Gift Card balance will require an additional payment for the balance due.
- View your Fandango Gift Card balance online at fandango.com/giftcardstatus. View your FandangoNOW Gift Card balance online at fandangonow.com/giftcardstatus. The balance you receive when inquiring online 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.
- For helpful information which is not part of these terms, visit our websites' FAQs.
- Gift Cards will not be redeemed if the card number is invalid or the card has not been activated.
- Fandango reserves the right to restrict the redemption of more than $1,000 in Gift Card balances by one person in any 30-day period.
- Gift Cards are issued and managed by Fandango Marketing, Inc., which is organized and domiciled in the Commonwealth of Virginia. The Gift Card Terms, and purchase and use of Gift Cards shall be subject to the laws and regulations of Virginia without regard to conflict of law rules.
- Fandango reserves the right to refuse to honor a Gift Card where Fandango suspects that the Card was obtained fraudulently.
- Issuer reserves the right to change these Gift Card Terms 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 at Fandango.com.
- ISSUER AND ITS PARENTS, AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR ANY WEBSITES OR APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
- In the event that the Gift Card system may become temporarily inoperative, you may be unable to obtain information about the balance on your Gift Card or Gift Card transactions, or use your Gift Card to pay for purchases during that time. Please notify Fandango or Issuer if you experience any problems using your Gift Card. You agree that Issuer and its parent, affiliates or subsidiaries 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 hereby release Fandango, Issuer, and all of their parents, affiliates, and subsidiaries from and against from any and all claims, losses, or causes of action (including, without limitation, attorneys' fees) in connection with your purchase or use of the Gift Cards, or any activities related to purchases made with the Gift Cards.
- Issuer may assign this agreement at any time without notice.