NEW YORK ROAD RUNNERS GIFT CARD TERMS AND CONDITIONS

The following terms and conditions (the “NYRR Gift Card Terms”) apply to any New York Road Runners (“NYRR”) gift card originally purchased through NYRR (an “NYRR Gift Card”).

Last Updated: 2/07/2023.

NYRR GIFT CARDS

By purchasing an NYRR Gift Card, accepting and retaining an NYRR Gift Card or using an NYRR Gift Card, you agree to these NYRR Gift Card Terms and agree to not use an NYRR Gift Card in any manner that is misleading, deceptive, unfair or otherwise harmful to NYRR, and/or is assigns or designees.  NYRR reserves the right to change, amend or terminate the NYRR Gift Card Terms and/or NYRR Gift Card offerings, in its sole discretion, at any time with or without notice or liability to you.

USE OF THE NYRR GIFT CARD AND LIMITATIONS

You may use the NYRR Gift Card only to purchase eligible offerings from NYRR on nyrr.org only, including NYRR memberships, races (but not races which utilize a drawing for entry), classes, and training sessions. Eligible offerings are subject to change in NYRR’s sole discretion. NYRR Gift Cards may not be used to 1) purchase additional NYRR gift cards; 2) pay for races which utilize a drawing for entry; 3) make purchases on other sites, including but not limited to New Balance; 4) make recuring payments, such as recurring membership payments; 5) purchase race insurance; and 6) make a donation to NYRR, unless the donation is an added item when registering for an NYRR race, which will be permitted.

REDEMPTIONS/BALANCES

Your use of the NYRR Gift Card is limited to the current dollar value held on the card. You may obtain your balance by logging into your NYRR account and selecting gift card balance under the billing tab. NYRR Gift Cards cannot be redeemed for more than face value, transferred for value, or redeemed for cash, except to the extent required by applicable law.

RESTRICTIONS

You may not return, resell, or use any NYRR Gift Card for any unauthorized advertising, marketing, sweepstakes, or other promotional purposes.

NO EXPIRATION DATE/SERVICE CHARGES

The NYRR Gift Card has no expiration date, service charges, or dormancy fees.

PROMOTIONAL REDEMPTION CODES

These- NYRR Gift Card Terms do not apply to promotional or other redemption codes, gift cards, or other stored value cards that are given away for free or distributed as a reward, refund, incentive, or as part of a marketing or promotional program (“Promotional Redemption Codes”). Promotional Redemption Codes may have different terms and expiration dates, to the extent permitted by applicable law.

RISK OF LOSS

The risk of loss and title for NYRR Gift Cards pass to you upon our electronic transmission of the NYRR Gift Card to you or the designated recipient, or our delivery to the carrier, whichever is applicable. You are responsible for safeguarding your NYRR Gift Card. Protect your NYRR Gift Card as if it were cash and safeguard the NYRR Gift Card from unauthorized use. Except where required by applicable law, NYRR is not responsible for and will not replace NYRR Gift Cards if lost, stolen, damaged, or destroyed, or if your NYRR Gift Card is used without your permission. There are many gift card scams that request payment by various gift cards. NYRR is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third-party associated with an NYRR Gift Card.

MISUSE OF THE CARD

NYRR reserves the right, in its sole discretion, to suspend or terminate the use of any NYRR Gift Card if NYRR suspects any fraud or misuse of an NYRR Gift Card. NYRR may cancel the NYRR Gift Card at any time, without notice or liability to you.

PROPERTY RIGHTS

The consideration paid for the NYRR Gift Card, including any unredeemed balances, is the property of NYRR.

NO WARRANTIES AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NYRR MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE NYRR GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NYRR DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY NYRR GIFT CARD. IN THE EVENT AN NYRR GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY AND NYRR’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF THE NYRR GIFT CARD AT ITS THEN-CURRENT VALUE.

GOVERNING LAW

The laws of New York govern NYRR Gift Cards and these NYRR Gift Card Terms, without regard to choice of law principles.

SEVERABILITY

If any one or more of the provisions of these NYRR Gift Card Terms shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these NYRR Gift Card Terms.

ENTIRE AGREEMENT

Except as specifically stated otherwise, these NYRR Gift Card Terms, together with the NYRR Terms of Use, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.

CONTACT

For any questions or concerns regarding the NYRR Gift Card program, please contact us at help@nyrr.org.

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