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Expiration Date:

All gift cards from Smash N Bash LLC (aka: “seller”) do not have a set expiration date. But please be aware that federal and state laws dictate how we handle e-gift and physical gift cards.

Federal law requires that the expiration date of gift cards be no sooner than five years from date of purchase. However, according to the Texas Comptroller of Public Accounts, cards unused after 3 years are deemed “Abandoned.” Cards with remaining balances will be escheated to the Texas Comptroller after 3 years. All escheated balances may be claimed through the Texas Comptroller’s office at https://comptroller.texas.gov. It is the purchaser’s responsibility to provide proof of ownership to any escheated funds to the comptroller to claim any unused balances.

Gift Card Redemption:

All Smash N Bash LLC gift cards are valid for the purchase of services, add-ons, or merchandise offered by Smash N Bash LLC. Gift Cards cannot be redeemed for cash except when allowed by law (maximum state required $2.50). The maximum cash redemption allowed by Smash N Bash LLC is $5.00. Any cards that are redeemed with a balance greater than $5.00 will not be “cashed.” The remaining balance will remain on the gift card for future use.

Gift Card Maintenance Fees:

Beginning 1 year (366th day) from the date of purchase, we will charge a reasonable fee per the Texas Commerce & Business Code Chapter 604. The fee has been established as the greater of $5 or 10% of the balance of the card as of the 366th day. This fee will be deemed as a card maintenance fee. This fee will continue to be assessed every 30 days thereafter continued maintenance of the cards account until the 3rd anniversary of the cards purchase or until the balance reaches $5 or less (whichever occurs first). On the 1,100th day after purchase, any remaining balance on the card will be declared “Abandoned” and escheated to the Texas State Comptroller. Fees are not eligible for refund if the card is “Abandoned.”

Lost or Stolen Cards:

All gift cards belong to the bearer of the card and are transferable. If a card is lost or stolen, it is the purchaser’s responsibility to notify us immediately for a card to be reissued. If the card has been redeemed, we will need proof of the card being stolen (by police report) before we can reissue the card. Without proof of theft, cards that have been redeemed may only receive the remaining balance of the card (if any).

Physical cards will need to be picked up from our location.

E-Gift vouchers can also be reissued through our e-gift card processor Square, Inc.  

Indemnification:

The purchaser and/or bearer of the card agrees to not hold the seller (Smash N Bash LLC) liable for any damages that arise from the redemption of the card. Any damages to Smash N Bash property caused by the purchaser/bearer are the responsibility of the purchaser/bearer of the card. The purchaser/bearer also agrees that any injuries that arise from participation in any of the seller’s services are limited to the liability of the purchaser/bearer of the card and shall not hold seller liable. It is the responsibility of the purchaser to limit the liability of the seller if the purchaser transfers the purchased gift card. In the event of hospitalization or death the purchaser assumes all liabilities and responsibilities from the occurrence.

Purchaser agrees to hold seller harmless for “Abandoned” gift cards. Purchaser understands that all liability from obtaining any remaining balance of an “Abandoned” card is solely the purchasers. The purchaser also holds the seller harmless for any requirements set forth by the Texas Comptroller in the redemption process and the purchaser is responsible for meeting said requirements.

Privacy:

Information obtained through the sale of e-Gift and physical Gift cards becomes the sole property of Smash N Bash LLC. The purchaser agrees that the information may be used for marketing purposes by the seller. Additionally, the seller may use the information for promotional materials, such information will be limited to first name and last initial with the city and state of the purchaser. Images or likenesses of the purchaser obtained by the seller at the seller’s location may also be used without compensation to the purchaser.

The purchaser may notify to the seller in writing at any time for the seller to discontinue use of promotional materials, receiving marketing information, or providing information to a third party. The seller will have 30 days to comply with the purchaser’s request. Any use of information prior to the written notification issued by the purchaser will not be subjected to the purchaser’s request. Seller agrees that promotional materials sent by the seller to the purchaser will not exceed more than two times in a 30-day period.

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