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.”
e-Voucher purchased with Crypto Currencies
Request for e-Vouchers purchased with Crypto Currencies can take up to 3 business days to be processed. You may be contacted for additional information and subjected to reporting requirements from the IRS. Smash N Bash LLC understands the risk and volatility of the exchange rates of Crypto Currencies and agrees that they will accept the current market value of the Crypto Currency at the time of purchase. E-Vouchers will be issued to purchasing party via the email address and name provided with the purchase through the service provider. The e-Voucher is transferable and is subject to the provisions of “Lost or Stolen Cards” found below.
Purchaser of e-Voucher with a Crypto Currency does not constitute the final value of the e-Voucher. The e-Voucher will be subjected to all other gift card redemption and maintenance fees beginning from the date of issuance by Smash N Bash LLC. An additional 1.9% maintenance fee (above the GCMF listed above) will be assessed to an e-Voucher beginning on the 1st anniversary of issuance of the e-voucher (366th day). The additional fee is assessed by the Crypto Currency payment processing and conversion service provider. This fee is subjected to change within the confines of this policy as per the processors policies (currently, Coinbase.com)
Crypto Currencies cannot be refunded for any reason and will not be eligible for the abandonment processes. E-Voucher maximum purchase is $100 per e-voucher and can be combined, redeemed, and used in conjunction with other gift cards associated with Smash N Bash LLC. E-Vouchers are subjected to the limitation of cash redemption per the Texas Comptroller and Smash N Bash LLC policy of $5.00 or less.
Lost or Stolen Cards:
All gift cards are transferable and belong to the bearer of the card. 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 (a copy of a 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) to be reissued.
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. or Bookeo.
E-Vouchers Bought with Crypto Currencies
E-Vouchers purchased with Crypto Currencies are subjected to the same requirements listed above except cash refunds ever issued as required by state laws are to be issued in the cash equivalency of the remaining crypto currency balance at the time of redemption.
Example: A guest purchases an e-voucher using Etherium Crypto Currency when the value of Etherium is $100.00 per 1 Eth. Of the date of e-voucher redemption, the remaining balance of the voucher is $2.20. Etherium on this day is trading for $150.00 per 1 Eth. The customer will only receive $2.20 less fees even though the value of the crypto currency has increased. Conversely, If the value of Etherium falls to $50.00 per 1 Eth; we accept the risk associated with accepting crypto currencies, and the guest would still receive $2.20 cash refund.
All crypto currency refund redemption is subject to crypto currency exchange service provider fees and may lessen the actual cash value of any refunds due. These fees will be passed through to guests at time of redemption, but not to exceed the value of any remaining balance on the e-voucher.
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.
