These Terms of Use apply to your access to, and participation in, the Video Game Heaven and Cool Stuff's rewards program in the United States , which is operated by Video Game Heaven Inc or its respective subsidiaries, licensees and affiliated companies (collectively, "Video Game Heaven and Cool Stuff"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Video Game Heaven and Cool Stuff for other products or services.

Video Game Heaven and Cool Stuff reserve the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to the Video Game Heaven and Cool Stuff rewards program, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to https://videogameheaven.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Video Game Heaven and Cool Stuff rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in this rewards program immediately.

This rewards program is intended for personal use only. Commercial use is prohibited. Video Game Heaven and Cool Stuff rewards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in these rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in this rewards program. Please read the Privacy Policy carefully to understand how Video Game Heaven and Cool Stuff collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

Video Game Heaven and Cool Stuff's rewards program is one way in which we endeavor to reward and thank loyal customers for patronizing our business and purchasing products and services through us. Our rewards members are able to earn and accumulate "Points" that can be redeemed for  benefits ("Rewards") at Video Game Heaven and Cool Stuff stores. All store locations have the ability to award Points or redeem Points for Rewards at this time. To find the nearest store location please visit here. Online purchases do not have the ability to apply earned Rewards, however online purchases made after June 1, 2022 may request Points be awarded to your account using the form found here.

To join Video Game Heaven and Cool Stuff's rewards program, visit any of our retail stores or sign up for a rewards account using the form posted on https://videogameheaven.com/rewards/. You will be required to provide the following information:

1. First and last name
2. Email address
3. Phone number
4. Birthday (month, day, year)

Collection of birthday is used to confirm the minimum age of 18 for enrollment eligibility in the rewards program. Any ages confirmed under 13 cannot be enrolled. Any ages between 13 and 18 must receive agreement under the supervision of parent or legal guardian who agrees to this program's Terms of Use. Confirmation of such agreements may only be made in-store with the physical presence of the agreeing parent/legal guardian.

When you join the rewards program, our staff creates a digital account with your provided personal details and  zero (0) Points balance. This account is manageable and accessible by our staff at all Video Game Heaven and Cool Stuff retail locations. You may have only one (1) account that is personal to you.

The Rewards that are available to you through Video Game Heaven and Cool Stuff's rewards program are based on the number of Points that you earn. One (1) Point is earned for every dollar spent on merchandise and services. You also earn an additional one (1) Point for ever dollar spent on a pre-order before its release, offering up to double (2x) the Points on any pre-order. Any taxes, fees, and shipping costs do not accumulate Points. You can earn Points by making purchases at Video Game Heaven and Cool Stuff retail locations as well as online at https://videogameheaven.com in the following ways:

1. Providing your phone number (or any other necessary details requested by staff) before checkout to allow our staff to load your rewards account for a purchase.
2. Making an online purchase and providing details afterwards using the form found here to request Points be awarded to your rewards account. Only available for online purchases completed June 1, 2022 or later. You cannot be awarded Points for web orders more than 90 days after the item has been delivered by the postal carrier or more than 90 days after you received the initial notification for store pickup.

Pre-orders earn additional Bonus Points and earn effectively up to twice (2x) the Points. Points for pre-orders are awarded differently based on whether it was paid for in-store or online:

1. In-store purchases for pre-orders are immediately awarded Points for the amount paid before its release. For example, if a $60 game is paid in full up front, then 60 Bonus Points were awarded. If a $60 game only has $5 paid for it before release and the remaining amount is paid after its release, then only 5 Bonus Points were awarded. The remaining 60 Points based on the price of the game will be awarded once the game it picked up.
2. Online pre-orders cannot be awarded Bonus Points until the order has been released. Online pre-orders will grant double (2x) Points regardless if it was paid in full or not.

Some exclusions apply. Please review the section "Exclusions to Earning Points".

You may not earn Points in the following scenarios:

1. Any finalized purchases made in-store in which the rewards account was not loaded/used before checkout. Points may only be retroactively applied, at sole discretion by store management, to an in-store purchase if staff can confirm that the rewards member's account matches the customer who made the purchase, a printed receipt is provided by the customer, all product was purchased within the last 90 days, and that the customer had an active rewards at the time of that purchase.
2. Any purchases made before June 1, 2022.
3. Any purchases paid in-store or online with Sezzle. Points unintentionally accrued when using Sezzle will be removed from your account.
4. Online purchases older than 90 days after the order was either delivered by the postal carrier or the initial notification was been submitted for store pickup.
5. Pre-orders* until one of the following occurs:
   • Pre-order placed in-store has been paid in full AND picked up after release
   • Pre-order placed online has been paid in full AND picked up in-store or shipped out
6. Purchases of any gift cards. Points are earned when the gift card is used as a form of payment.
7. Any amount deducted off a purchase by a claimed reward. For example, a $30 purchase where a $10 reward is applied would only earn points for the difference of $20.

*Note: Bonus Points are awarded immediately for payment (up to the full price) towards a pre-order placed in-store. Points awarded for the full price of the game are awarded once the pre-order is released as indicated in #5 above.

For information about how Video Game Heaven and Cool Stuff handles returns, please read our Return & Exchange Policy. Your Point balance may be impacted by returns as follows:

1. If you void a purchase, Video Game Heaven and Cool Stuff will deduct the Points that you earned for that purchase, potentially resulting in a negative Points balance on your account.
2. If you return products purchased in-store or online, Video Game Heaven and Cool Stuff will deduct the Points earned in connection with your purchase, potentially resulting in a negative Points balance. This applies to returns regardless of the tender it is returned to. For example, if you return $40 of product from a $100 purchase, then the value of $40 (40 Points) will be deducted from your rewards balance - even if that amount is returned to a gift card. Spending that gift card balance later will award those Points again.
3. If you exchange products purchased in-store or online, Video Game Heaven and Cool Stuff will deduct the Points earned in connection with your purchase if any remaining balance is still owed to you, potentially resulting in a negative Points balance. For example, if you exchange a $40 product for a $30 product, then the difference of $10 (10 Points) you are owed will be deducted from your rewards account.
4. If you exchange products purchased in-store or online, Video Game Heaven and Cool Stuff will add the Points earned in connection with your purchase if you end up paying any difference. For example, if you exchange a $40 product for a $50 product, then the difference you pay of $10 (10 Points) will be added to your rewards account.

Unless otherwise noted, Points are automatically added to your account as soon as you complete any in-store purchase (some exclusions apply - please review the section "Exclusions to Earning Points"). Online purchases may submit a request to have Points awarded via the form found here. Requests submitted for online purchases will normally see the points reflected by the end of the following business day Monday-Friday.

Once Points are earned they do not expire, however Video Game Heaven and Cool Stuff reserve the right to "unregister" and make ineligible for rewards any account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period from any retail location or any claimed online purchase. In the event that your account is unregistered or rendered inactive, all accrued Points in your account are void.

Points may be redeemed in any Video Game Heaven and Cool Stuff location by providing your account details (normally by phone number) to a staff member before completing a purchase. The Rewards claimed by your earned Points are based on different Points tiers. Note that Rewards and the redemption tiers may be subject to change at the sole discretion of Video Game Heaven and Cool Stuff at any time. The Points redemption tiers for redeeming Points are as follows:

• 250 Points may redeem a $10 discount off any in-store purchase.
• 500 Points may redeem a $25 discount off any in-store purchase.
• 750 Points may redeem a $45 discount off any in-store purchase.
• 1,000 Points may redeem a $70 discount off any in-store purchase.

You cannot redeem multiple Points redemption tiers within a single purchase. For example, you cannot simultaneously redeem 500 Points for a $25 discount and 250 Points for an additional $10 discount.

You cannot redeem your Points if the total purchase does not at least meet the total value of the available redemption tier's discount. For example, if your total purchase is $5.29 then you cannot redeem the $10 discount rewarded from 250 Points.

Rewards cannot be redeemed separately in any form of currency or gift card.

• No receipts necessary. Any purchases made in-store while using the rewards program allow the store to easily reference your purchase history. This allows us to process your returns/exchanges in-store without your purchase receipt. Please note that this only works in instances where you bring the return/exchange back to the same location you made the purchase at. Our stores cannot quickly access other stores' transactions.
• Personalized offers and coupons. Special offers may be distributed by email, or even by physical mail. You may be required to opt-in to activate receiving these offers. In order to receive personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers while setting up an account in-store. You may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences which may include periodic discounts or the opportunity to earn Bonus Points. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to present specialized barcodes or promotional codes supplied to you in any email, electronic communication, or printed material in order to redeem. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.
• Early or extended access to certain promotions and offers. Video Game Heaven and Cool Stuff rewards members may receive early or extended access to special discounts and promotions. You may take part in these offers by using your rewards account prior to your purchase.

There are no participation or membership fees associated with Video Game Heaven and Cool Stuff's rewards program. Points accrued in connection with Video Game Heaven and Cool Stuff's rewards program are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Video Game Heaven and Cool Stuff's rewards program can be combined with any other offers or discounts, unless otherwise expressly indicated by Video Game Heaven or Cool Stuff. Notification of such restrictions may be listed within these Terms of Use, posted in retail locations, or verbally communicated to you by staff before the completion of any purchase.

Your Points and rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) rewards account that is personal to you.

Without notice to you, Video Game Heaven and Cool Stuff reserve the right to suspend any rewards account registered to your account and/or terminate your account and/or your participation, in its sole discretion, that you have violated these Terms of Use or that the use of your rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Video Game Heaven and Cool Stuff may, in its sole discretion, suspend, cancel or combine any rewards accounts that appear to be duplicative. In the event that your participation in the rewards program is terminated, all accrued Points in your account are void.

Without notice to you, Video Game Heaven and Cool Stuff also reserves the right to "unregister" and make ineligible for rewards any account that has been inactive for two (2) consecutive years. Inactivity is defined as no Points earned during such two (2) consecutive year period from any retail location or any claimed online purchase. In the event that your account is unregistered or rendered inactive, all accrued Points in your account are void.

Video Game Heaven and Cool Stuff reserve the right to change, modify, discontinue or cancel this rewards program or any part of it, at any time and in its sole discretion, without notice to you.

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Video Game Heaven and Cool Stuff's rewards program, the account registered to your name, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Video Game Heaven and Cool Stuff's rewards program, or your relationship with Video Game Heaven, Cool Stuff, or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our our management using the contact form found at https://videogameheaven.com/contact/ to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Video Game Heaven Inc will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.