Vintage Mall Augmented Reality Experience

These Terms of Use (“Terms”) govern your use of this game and its Content and create a legal and binding agreement between you and Chick-fil-A, Inc. (“Chick-fil-A”) and its applicable affiliate entities, such as CFA Properties, Inc. ("Affiliates"). By accessing the game, you acknowledge you have read and agree these Terms. If you do not agree to these Terms, you should not use the game. If you are dissatisfied with the game, your sole and exclusive remedy is to discontinue accessing and using the game.

The game is intended solely for entertainment purposes and no prizes or points are awarded for game play.  The game requires access to wi-fi and a compatible device with camera to enable game play. 

We may, in our sole discretion, restrict or discontinue access to and use of the game at any time, for any reason, and without prior notice or liability.

BY ACCESSING THE GAME, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.

Photosensitive Warning:  A very small percentage of individuals may experience seizures when exposed to certain visual images, including light patterns or flashing lights that may appear in video games. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.  If you have a history of seizures or an epileptic condition, consult your physician prior to playing a video game. If you experience any of the following symptoms while playing a video or computer game -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions -- IMMEDIATELY discontinue use and consult your physician before resuming play.

Game Content.  All content, features, and other materials available in the game, including, but not limited to, all text, graphics, audio and video clips, and computer programs (collectively, "Content") are owned by or licensed to Chick-fil-A (or its Affiliate) and protected by copyright, trademark, and/or other intellectual property rights. You may access and use the game and Content solely for your own personal, noncommercial use. You may not copy, distribute, display, license, modify, create derivative works from, sell, or exploit, in whole or in part, the game or any Content.

Chick-fil-A®, Chick-fil-A Stylized®, Chick-fil-A One®, the C Logo®, and other trademarks, service marks, and trade dress appearing on the game are the trademarks or service marks of CFA Properties, Inc. ("CFA Properties") or its third-party licensors in the United States and other countries. Chick-fil-A is a licensee of CFA Properties. Nothing contained on the game should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Content or our intellectual property, without our prior express written permission.

Privacy. Chick-fil-A's Privacy Policy applies to use of the game and its terms are made a part of these Terms by this reference. By accessing and using the game, you agree to be bound by our Privacy Policy.

No Warranties. Chick-fil-A makes no representations or warranties regarding the game or Content. WE DO NOT WARRANT THAT THE GAME OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE USE OF THE GAME OR CONTENT, OR ANY RESULTS, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. THE GAME AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

IN NO EVENT SHALL WE OR ANY OF OUR affiliates, related entities, FRANCHISED OPERATORS, OR SERVICE PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING DAMAGE TO A DEVICE OR LOSS OF OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE GAME OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

We make no representation that the game or Content are appropriate or available for use at locations outside of the United States, and access from territories where their contents are illegal is prohibited. If you access the game from locations outside of the United States, you are responsible for compliance with all local laws. These Terms are governed by the laws of the State of Georgia, U.S.A., without regard to conflict of laws provisions or principles.

 

You agree to release and hold harmless Chick-fil-A, our Affiliates, related entities, franchised operators, and service providers, and their respective officers, directors, employees, and agents from and against any and all injuries, claims, damages, losses, liabilities, costs and expenses of any kind (including personal injury and property damage), regardless of the cause, that arise directly or indirectly out of or from your use of the game and any Content.

Dispute Resolution.  PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CHICK-FIL-A  AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

ARBITRATION. YOU AND WE EACH AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, INCLUDING ANY QUESTIONS OF ARBITRABILITY (“DISPUTE”), SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

For any Dispute, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Chick-fil-A, Inc., ATTN: Legal Department, 5200 Buffington Rd., Atlanta, GA 30349. You and we each agree to negotiate your claim in good faith for a sixty-day period. You further agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: Chick-fil-A, Inc., ATTN: Legal Department, 5200 Buffington Rd, Atlanta, GA 30349 and to the AAA. The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with our agreement in these Terms, in which case these Terms. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.

WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.

If a court or arbitrator determines in an action between you and us that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that you or we may assert in that or any other action).

 

Contact Information. If you have any questions about the game or these Terms (including if you are having difficulty using the game with or without assistive technology), please contact us at:

Chick-fil-A, Inc.

5200 Buffington Road

Atlanta, Georgia 30349

1-866-CFA-2040 or 1-866-232-2040

http://www.chick-fil-a.com/Connect/Contact-Us-CARES

 

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