Level Up Rewards Terms and Conditions
Last updated: January 31, 2022
The Video Game Depot Level Up Rewards® Program (“Level Up Rewards” or “Program”) is sponsored by Video Game Depot®. By enrolling in, joining, or using the Program (“Membership”), you (“You” or “Member”), as further set forth below, 1) agree to receive advertising, marketing materials, and other communications, unless expressly prohibited by law, 2) agree to these Terms and Conditions published and subject to periodic update at http://videogamedepotak.com/termsconditions/ , and 3) agree to the Video Game Depot Privacy Policy available at and subject to periodic update at http://videogamedepotak.com/privacypolicy/.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE “DISPUTE RESOLUTION” SECTION BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
Your Account and Advertising, Marketing Materials, and Other Communications
Members agree to receive advertising, marketing materials, and other communications, unless expressly prohibited by law. Members are responsible for maintaining accurate and updated personal information regarding their account (“Account”). Members can obtain information about the Program, their Account activity, and change their profile preferences and contact information at any time by visiting www.LevelUpRewards.com. Account and Program information may also be obtained by contacting Video Game Depot Customer Service (“Customer Service”) by mail at 2610 Spenard Road, STE C, Anchorage, AK 99503, by email at support@videogamedepotak.com, or by toll-free phone at 1-907-646-GAME (4263).
Membership
Membership is valid only at participating Video Game Depot U.S. retail store locations. Membership is open to residents of the United States who are 18 years of age or older. Video Game Depot does not knowingly collect information from children under 13. If you are a parent, guardian, or other person and become aware of information collected from an individual under 13, please contact us immediately by toll-free phone at 1-907-646-GAME (4263).
Membership cards, points, offers, reward certificates, and any other benefits of the Program are nontransferable, have no cash value, may not be purchased, and are not redeemable for cash under any circumstances except as required by law. Accumulated points, offers, and rewards certificates do not constitute property of the Member. Accumulated points and coupons are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. Points and other benefits of the Program may be taxable where required by law.
Entities or persons using the Program for profit are not eligible to become Members or to accumulate points.
Abuse of the Program, including failure to follow the Terms and Conditions may result in cancellation of the Member’s Account and future disqualification from participation in the Program and forfeiture of all points accrued. In connection with the enforcement of any of the Terms and Conditions governing the Program, Video Game Depot reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and costs.
A Member may cancel his or her Membership by notifying Customer Service by mail, email, or telephone. Video Game Depot, in its sole discretion, reserves the right to cancel an individual Membership. Cancellation of Membership results in loss of all accumulated points. Members who cancel voluntarily may not re-activate the Account, but are eligible to open a new Account without the benefit of the previously accumulated points.
Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of Video Game Depot website(s) including, www.VideoGameDepotAK.com (“Access Codes”). Transactions completed on www.VideoGameDepotAK.com are subject to the Conditions of Use found at http://videogamedepotak.com/disclaimer/. Each Member has the responsibility for the use of his or her own Access Codes.
Accumulation of Points
Members accumulate points for every $1 spent on any eligible product purchase when a Member’s account number is provided at time of purchase of eligible products in store. Purchases accumulate points at the following rates, subject to change without notice:
1 point will be accumulated for every dollar spent, excluding the purchase of Video Game Depot gift cards or certificates.
Select other products may, at any or all times, accumulate lower or zero-point values at Video Game Depot’s sole discretion.
At this time, Novice Members will not accumulate points for trade-in credit.
The dollar amount of any eligible product purchased will be rounded up to the nearest whole dollar before accumulated points are calculated. Point calculations are based upon dollars spent at checkout on eligible purchases less taxes, fees, delivery charges, rebates, or other excluded charges.
Points cannot be accumulated on purchases made before a Member initiates an Account and Members cannot view the accumulation of their points or redeem their points for rewards online and must do so in-store at this time.
Points will post to a Member’s Account within approximately 24-48 hours from the time of purchase. Members are responsible for ensuring that their points are properly credited. If proper credit does not appear on the Member’s activity statement, the Member should contact Customer Service within 30 days of the purchase. No adjustments to a Member’s Account will be made after 30 days from the actual purchase date, except at Video Game Depot’s sole discretion.
Members do not accumulate points for the amount of any coupons redeemed or discounts applied or other ineligible tender type. When Members return products to the store, points previously posted to a Member’s Account for that purchase will be deducted from the Member’s Account. Other exclusions and limitations may apply.
Except as may be required by law, in the event that a Member returns merchandise that was partially or wholly paid for with a coupon(s), the coupon(s) and points used in connection with the purchase will not be reissued.
Level Up Rewards points are valid for one year from date of posting to the Member’s Account provided the Member remains active in the Program. “Active” is defined as making at least one purchase or trade in every 12-month period. If at least one qualifying purchase or trade is made every 12 months, the expiration date of the accumulated points is extended for 12 months from the date of the qualifying purchase. If a qualifying purchase or trade is not made within 12 months, all accumulated points shall be forfeited and the Account is subject to closure at Video Game Depot’s discretion.
Level Up Rewards Elite® Membership
At time of enrollment, or at any time after initial enrollment, a Member may purchase a Level Up Rewards Elite Membership (“Elite Member” or “Elite Membership”) in select stores participating in the Elite Member Program. The current price for an Elite Membership is $19.99 per year. Purchase price and terms may vary and are subject to change (in Video Game Depot’s discretion). Subject to change without notice, an Elite Member is entitled to the following benefits for one year commencing immediately following the purchase of the Elite Membership:
2 points will be accumulated for every dollar spent, excluding the purchase of Video Game Depot gift cards.
10% off all pre-owned merchandise
10% bonus trade-in credit on games, accessories, and systems per paid year.
Monthly Rewards Certificate (starting in February 2022).
Annual digital subscription to Old School Gamer magazine.
Exclusive offers and events.
Yearly Birthday Offer Certificate
Exclusive Pre-Order Rewards
Free Extended Warranty
An Elite Member may cancel their Membership and receive a full refund within 7 days of purchase of the Membership, subject to certain conditions. Upon returning the Elite Membership materials, the Elite Membership will be downgraded to the free Novice Level Up Rewards. A Member may cancel his or her Elite Membership at any time (without refund) by notifying Customer Service by mail, email, or telephone. Video Game Depot, in its sole discretion reserves the right to cancel an individual Elite Membership at any time. Cancellation will result in the loss of any bonus points accumulated during the Elite Membership.
In the event an Elite Member does not pay to renew their Membership after the 1-year period, the Member’s Account will be downgraded to the free Novice Level Up Rewards Membership. Downgrade for failure to renew will not result in the loss of accumulated points, except where a qualifying purchase or trade is not made within 12 months.
Level Up Rewards Elite® Membership Autorenewal
Elite Members may opt to participate in the auto-renew program, which allows the Member to automatically renew their Elite Membership each year using payment information Video Game Depot has on file (“Auto-renew Program”).
PARTICIPANTS IN THE AUTO-RENEW PROGRAM, UNDERSTAND AND EXPRESSLY AGREE THAT, UNLESS THEY CANCEL, 1) THEIR MEMBERSHIP IN THE ELITE MEMBERSHIP PROGRAM WILL AUTOMATICALLY RENEW EACH YEAR, AND 2) THEY AUTHORIZE VIDEO GAME DEPOT (WITHOUT NOTICE, UNLESS REQUIRED BY LAW) TO COLLECT AND CHARGE $19.99 OR THE THEN-APPLICABLE MEMBERSHIP FEE EACH YEAR ON OR ABOUT THE ANNUAL ANNIVERSARY OF THE DATE THEY ENROLLED IN THE AUTO-RENEW PROGRAM (“ANNIVERSARY”) USING ANY CREDIT CARD THAT VIDEO GAME DEPOT HAS ON FILE FOR THEM. ALL PRICES ARE PLUS APPLICABLE TAXES. TO CANCEL, MEMBERS MUST CALL 1-907-646-4263 OR EMAIL SUPPORT@VIDEOGAMEDEPOTAK.COM AT LEAST 5 DAYS BEFORE THEIR ANNIVERSARY. IF A MEMBER IS EMAILING THEIR CANCELATION, THEY MUST PROVIDE THE NAME AND EMAIL ADDRESS ASSOCIATED WITH THEIR MEMBERSHIP. CHANGES TO THE AUTO-RENEW PROGRAM WILL BE COMMUNICATED AS REQUIRED BY LAW.
Cancellation will stop further charges and stop auto-renewal of the Elite Membership; however, no prorated amounts shall be refunded to the Member upon cancellation or termination of participation in the Auto-Renew Program unless where required by law. If cancelled, a Member’s Elite Membership will be valid and continue through the end of the then-current billing cycle.
Members in the Auto-renew Program are required to maintain accurate and up-to-date payment information to participate, which may be updated by calling 1-907-646-4263 OR emailing SUPPORT@VIDEOGAMEDEPOTAK.COM (but do not email us your payment information). Should payment fail, your Membership will not renew and benefits will stop effective immediately. Video Game Depot assumes no responsibility or liability if a Member’s participation in the Elite Membership Program is suspended or otherwise expires because of outdated or incorrect payment method information.
Old School Gamer Magazine
Annual subscription of Old School Gamer Magazine, an BC Productions Inc. (“Publisher”) publication, is included as part of the Elite Membership, and may not be cancelled for a refund separate from the original Membership as permitted in the Terms and Conditions. Old School Gamer Magazine will be distributed either physically or digitally in a number of issues or publications to be determined at the discretion of the Publisher. Old School Gamer Magazine subscriptions are fulfilled directly from the Publisher. For changes of address, cancellations, or customer service requests as pertaining to the subscription, please contact Old Chool Gamer Magazine by mail at OLD SCHOOL GAMER MAGAZINE, 807 NE Park Street, Grimes IA 50111, website at: https://www.oldschoolgamermagazine.com/contact-old-school-gamer/
Redemption of Points and Point-Management Preferences
Points may be redeemed for reward certificates of various denominations. Members redeeming points for a reward certificate for use at a Video Game Depot store must present the reward certificate, along with valid proof of identification at the time of use. Reward certificates may be used in conjunction with most other discounts, but the total discounts may not exceed the purchase amount. Limit of three (3) of any coupon, discount, or other offer per person, per account, per day. Reward certificates of the same value are not stackable. Offers and reward certificates are not valid on prior purchases, certain products and services, purchase of gift cards, downloadable content (“DLC”), or for tax or state fees. Other restrictions may apply. Reward certificate and offer expiration dates are as listed on each certificate or offer, and reward certificates will not be replaced if lost or stolen.
The timing of when reward certificates are issued is governed by the reward preferences a Member sets and their point balance. Novice Members, Elite Members save or “stockpile” their points.
All settings that have been manually managed by the Member will persist when a membership status changes between Novice, and Elite. If a Member’s preference is not manually selected and a default is used, the default setting will adjust to stockpile points, should a Member upgrade or downgrade their status.
Video Game Depot may also change the available Member settings, at its sole discretion and without prior notice, so that redemption of future points and reward certificates will be handled in a different manner. Such changes will not affect previously accumulated points.
Reservations
Members may make pre-order deposits (“Reservations”) toward the purchase of certain items. To redeem a Reservation, you must pay the remaining balance of product (plus any tax) at the store where the Reservation was placed when or prior to the product releases (“Release Date”). Reservations are cancellable before or up to 14 days after Release Date to receive your money (or original form of tender; e.g., a gift card or store credit) back, apply the Reservation to a new reservation-eligible product, or use the Reservation as store credit. Reservations not redeemed or cancelled within 14 days after Release Date are automatically converted into non-expiring store credit redeemable only for merchandise from Video Game Depot. No cash redemption or refunds except as required by law. No fees are charged against the balance of Reservation. If used without your permission, Reservations will not be replaced. Reservations are issued by and represent solely an obligation of Video Game Depot, LLC. Terms and conditions are subject to change.
Privacy Policy
The information provided by or collected about You both online and/or in a Video Game Depot retail store is subject to and will be handled according to the Video Game Depot Privacy Policy, available at and subject to periodic update at http://videogamedepotak.com/privacypolicy/.
Changes to the Program and the Terms and Conditions
Video Game Depot may change the Program Terms and Conditions, in whole or in part, at any time without notice, even though changes may affect the value of the points already accumulated. The Terms and Conditions available at http://videogamedepotak.com/termsconditions/ replace all previously-published information and Members have the responsibility to check for any updates. If the Terms and Conditions are updated, any changes will apply to all Members, including Members enrolled before Video Game Depot posts the updated text except as may be prohibited by law.
Occasionally Video Game Depot and/or Level Up Rewards may test new offers, promotions, or program benefits with certain Members based on factors within Video Game Depot’s sole discretion except as may be prohibited by law.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND VIDEO GAME DEPOT CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND VIDEO GAME DEPOT TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY OR TO APPEAL DECISIONS CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
INFORMAL RESOLUTION: You and Video Game Depot will first attempt to resolve any claim informally. Accordingly, neither you nor Video Game Depot may start a formal arbitration proceeding for at least 60 days after one party notifies the other party of a claim in writing. As part of this informal resolution process, You must deliver Your written notices via hand or first-class mail to us at Video Game Depot, Attn: Guest Care, 2610 Spenard Road, STE C, Anchorage, Alaska 99503.
GOVERNING LAW: You and Video Game Depot agree that these Terms and any Dispute you may have with Video Game Depot, will be governed by federal law and the Federal Arbitration Act as to arbitration issues and the law of the State of Alaska for all other issues, without reference to the principles of conflicts of laws thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.
WE BOTH AGREE TO ARBITRATE: You and Video Game Depot agree to resolve any dispute between you and Video Game Depot or its affiliates (“Dispute”) through final and binding arbitration, with two exceptions. First to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) or to the extent that you believe we have violated or threatened to violate your intellectual property rights. Under such circumstances we or you may bring a lawsuit solely for injunctive relief to stop intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Second, you may bring any matter within the jurisdiction of a small claims court or similar court in which you seek less than $10,000 in a small claims court or similar court on an individual basis without a class action.
WHAT IS ARBITRATION: You and Video Game Depot mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from the speedy, economical, and impartial dispute resolution procedure of using binding arbitration for Disputes that arise between You and Video Game Depot, its related and affiliated companies, successors, and assigns; and/or any current or former employee, officer, or director of Video Game Depot or any related or affiliated company. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. You and Video Game Depot agree that this Dispute Resolution Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even if these Terms and Conditions terminate. Any revision to or termination of the Terms & Conditions that modify or terminate this Dispute Resolution Section shall not apply to a pending arbitration, to any claim that accrued prior to the modification or termination, or to any claim that the asserting party knew about prior to the modification or termination, except as may be required by applicable law.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VIDEO GAME DEPOT WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
NO CLASS ACTIONS: Except as otherwise required under applicable law, You and Video Game Depot agree to arbitrate any Dispute only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, consolidated, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms and Conditions may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, consolidated, representative, or private attorney general proceeding.
WHO DECIDES WHAT CAN BE ARBITRATED: If a party violates the agreement to arbitrate by commencing an action asserting a Dispute in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Dispute Resolution Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Dispute Resolution Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Dispute Resolution Section, including the Class Action Waiver.
WHAT ARE THE ARBITRATION RULES, PROCEDURES, AND COSTS: To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the AAA and us at Video Game Depot, Attn: General Counsel, 2610 Spenard Road, STE C, Anchorage, Alaska 99503. You and Video Game Depot agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf) will apply.
The parties agree that the applicable AAA rules are modified as follows:
(a) Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Texas law. Unless you prefer otherwise and Video Game Depot agrees, the arbitration shall be conducted in the county in which you reside. Or if that is not practicable, in an adjacent county as determined by AAA.
(b) No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
(c) All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
(d) The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Dispute(s).
(e) Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
(f) The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
(g) The Federal Rules of Evidence shall apply to all arbitration proceedings.
(h) The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
(i) The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
(j) The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
(k) If You initiate arbitration, You will pay the first $250, and Video Game Depot will pay all other filing, administrative, or hearing fees. If You are an individual person and Video Game Depot initiates arbitration, Video Game Depot will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Dispute(s) provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
If any term or condition in this Dispute Resolution Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Dispute Resolution Section shall not be affected. Provided, however, that if the Class Action waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in Anchorage, Alaska, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Other Terms and Conditions
From time to time, Members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.
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