These terms and conditions govern your use of the French Lick Resorts Gift Card ("Terms and Conditions"). By purchasing, signing or using the French Lick Gift Card ("Gift Card"), you are agreeing to the Terms and Conditions. The terms "you" and "your" refer to the person who purchased the Gift Card and/or the person who is using the Gift Card. The terms "we," "our" and "us" refer to French Lick Resorts & Casino, LLC and its affiliates.
Frequently Asked Questions About the Gift Card
Is the Gift Card a debit Card or credit Card?
No. The Gift Card is a prepaid payment device with a dollar value that is either printed on the front of the Gift Card or a "variable load" amount that is selected at the time of purchase. The Gift Card is not a credit, charge or debit Card. Except where required by law, the Gift Card is not redeemable for cash. The value on the Gift Card at any time is its "Available Balance."
Is the Gift Card transferable?
Yes. The Gift Card is transferable. If it is lost or stolen, please notify us and we will cancel the Gift Card and re-issue a new Gift Card in accordance with our procedures.
Where can the Gift Card be used? Are there any usage restrictions?
The Gift Card may only be used at our facility. The Gift Card may be used for merchandise at our shops, for services at any of our amenities, including the golf courses and spas, for lodging and drinks and food at any of our restaurants and bars. The Gift Card may not be used for gambling at our casino. The Gift Card cannot be used for making purchases over the internet.
Is the Gift Card ready to use immediately?
In most cases, as soon as you receive the Gift Card, it is ready for use. However, in some cases, it may be inactive for up to four hours after purchase.
Are there any fees for the use of the Gift Card after purchase?
The Gift Card has NO FEES AFTER PURCHASE (including dormancy, service or other fees).
Do the funds on the Gift Card expire?
No, the funds on the Gift Card do not expire.
If the funds do not expire, why does the Gift Card say "This Card expires twelve months from the date of issuance"?
We recently improved our policy and eliminated expiration dates for the Gift Cards. Some existing Gift Cards may still contain language regarding an expiration date. Rest assured that there is no expiration date and that the Available Balance remains unchanged and intact.
Should the Gift Card number be written down?
Yes, you should write down the Gift Card number and keep these in a safe place! You will need the Gift Card number to check your Available Balance or replace the Gift Card if it is lost or stolen.
Should the receipt from the purchase of the Gift Card be kept?
We strongly suggest that you keep the receipt from the purchase of the Gift Card, as we may require it for a refund, exchange or replacement.
How is the balance on the Gift Card calculated?
Your Available Balance will be decreased when you make a purchase with the Gift Card. We will deduct the full amount of that purchase, including taxes and any other fees applicable to the purchase, from the Available Balance. Once the Available Balance reaches zero ($0), the Gift Card is no longer valid and you agree that you will no longer use it.
Can the Gift Card be used if its Available Balance does not cover the total purchase price?
Yes. You are able to use the Gift Card with another form of payment, such as cash, check or another Gift Card, to make a purchase.
What if the Gift Card is lost or stolen?
If the Gift Card is lost or stolen, contact us immediately at the resort at (888) 936-9360. You must provide your name, address, Gift Card number and other details for identification purposes. You agree to give us all reasonable information to help make a complete investigation of the loss or theft of the Gift Card. If the Gift Card is lost or stolen, we will issue you a replacement Gift Card with a value equal to the Available Balance on the Gift Card at the time you notified us of the loss or theft. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEDUCTED FROM YOUR LOST OR STOLEN GIFT CARD BEFORE YOU NOTIFY US.
Can merchandise purchased with the Gift Card be returned?
Yes. Merchandise purchased with the Gift Card is subject to our return policies. You must present your original receipt and gift card for the amount of the return to be added back to the Gift Card. NO REFUNDS WILL BE ISSUED IN CASH. If we issue a credit to the Gift Card this amount may not be reflected in the Available Balance until the credit posts, which may take up to seven days.
Can a charge made with the Gift Card be disputed?
No. Purchases made with the Gift Card are similar to those made with cash, in that you cannot "stop payment" or lodge a "billing dispute" on purchases made with the Gift Card. Any problems or disputes you have regarding a purchase should be addressed directly at the place of purchase or use of the Gift Card.
Other Important Notices
Changing these Terms and Conditions: We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without notice, subject to applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with the Gift Card, with or without notice, subject to applicable law. Any notice given by us shall be deemed given when deposited in the United States mail, postage prepaid, addressed to you at the latest address shown on our records or when such notice is posted on our web site. The most up-to-date Terms and Conditions may always be found at www.frenchlick.com.
Data Protection and Privacy: During any Customer Service call, we may request that you provide the Gift Card security code printed on the back of the Gift Card, as well as additional identification information such as your home phone number, date of birth, and zip code. We may also obtain personal information ("Gift Cardholder Information") about you, including information (i) provided to us by the Gift Card purchaser, such as your name and/or your address, (ii) provided by you at the time of activation or during customer service calls, and (iii) about purchases made with the Gift Card, such as the date, the amount and the place of purchase.
Only those persons who need it to perform their job responsibilities are authorized to have access to Gift Cardholder Information. We also maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Gift Cardholder Information.
Disclosure: We will use Gift Cardholder Information to process Gift Card transactions, provide customer service, process claims for lost or stolen Gift Cards and help protect against fraud. We may also use Gift Cardholder Information for marketing purposes and to conduct research and analysis. We will not share Gift Cardholder Information with any other person, except our affiliated companies. We may provide certain Gift Cardholder Information to others outside of French Lick Resorts & Casino, LLC as permitted by law, such as to government entities or other third parties in response to subpoenas.
Agreement to Arbitrate Disputes: Any and all disputes or claims ("Claims") that arise between you and us will be resolved through binding arbitration. Purchase of your Gift Card indicates your agreement to these provisions. This means that neither you nor we will have the right to litigate those Claims in court or have a jury trial on those disputes. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action.
Class Action Waiver and Other Restrictions: Arbitration shall proceed solely on an individual basis. No Claims shall be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone.
Initiation of Arbitration Proceeding: You may arbitrate any Claim pursuant to the procedures of either JAMS ("JAMS") or the American Arbitration Association ("AAA") or any other arbitration organization mutually agreed upon in writing between you and us. If we initiate a Claim against you, we will select either JAMS or the AAA. You have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact (1) JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, (2) AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org.
Arbitration Procedures: This Dispute Provision is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator's sole discretion. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within 30 days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant's written notice. The panel's majority vote decision shall be final and binding.
Location of Arbitration/Payment of Fees: The arbitration shall take place in the federal judicial district of your residence. Each party shall be responsible for its own attorneys' fees. Costs, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees.
These Terms and Conditions and the Gift Card, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of Indiana, USA (without regard to internal principles of conflicts of law).
Your Agreement to be Bound By These Terms and Conditions
By using the Gift Card you agree to be bound by these Terms and Conditions in their entirety.
Gift cards may not be returned, except as where prohibited by state law. No cash value. Lost or stolen cards will not be replaced. No photocopy, facsimile or reproductions of a card will be accepted. Should you not receive an e-mail confirmation within 24 hours of your order, please call French Lick Resort Customer Service at 888.936.9360.