Important Disclosures

This Cardholder Agreement (“Card”) contains all terms and conditions applicable to your Cirque du Soleil ® gift card (“Card”) which is issued by Cirque du Soleil Canada Inc. (hereinafter referred to as “Issuer”). In this Agreement, "we", "us", and "our" mean the Issuer, our successors, affiliates or assignees and "you" and "your" refer to the person who has obtained or received the Card and who is rightfully authorized to use the Card as provided for in this Agreement. Your Card is redeemable online at cirquedusoleil.com/gift-cards and at participating Cirque du Soleil point of sales. Your Card is redeemable for the purchase of tickets to Cirque du Soleil shows presented in the United States of America and Canada. At this time, Cards cannot be used to purchase Cirque du Soleil merchandise or food and beverage at Cirque du Soleil shows. Any purchases using the card are subject to Cirque du Soleil’s return policy and the amount of any refund will be placed back on the Card.

To learn where to use your Card, please visit cirquedusoleil.com/gift-cards or contact us at 1-877-924-7783. Your Card is in United States currency. If you use your Card in Canada, a foreign conversion fee may apply. Any resale of Cards is strictly prohibited. Cards are not redeemable for cash except as required by law. Cards are not reloadable.


Agreement; Amendments

We agree to maintain the Card for you and to perform according to this Agreement. By obtaining a Card from us, and by using the Card, or by permitting anyone else to use the Card, you agree to the provisions of this Agreement, and further agree that this Agreement is binding on your successors, representatives and assigns. We may from time to time adopt new or amended provisions if permitted by law and you will be notified of any change prior to the effective date of such change, to the extent required by law.


Card Activation

Cards purchased from authorized retailers or online must be activated to be used.

For a plastic Card:

You may activate your plastic Card at cirquedusoleil.com/gift-cards or by phone at 1-877-924-7783. Cards cannot be used before activation. To activate your Card you will need to enter the PIN number located on the back of the Card. You do not need to enter this PIN number to redeem your Card.

For a digital Card:

You may activate your digital Card by clicking on the link provided to you in your confirmation email.


Card Registration

Registration of your Card is optional. To register your Card, please visit cirquedusoleil.com/gift-cards. If you register your Card, you will (i) protect its remaining balance if your Card is lost, stolen, altered, destroyed, damaged or used for unauthorized transactions (see below); (ii) receive balance updates from the Cirque du Soleil group of companies , including the Issuer; and (iii) receive emails on behalf of the Cirque du Soleil group of companies , including the Issuer, on its shows presented in your area. To register your Card you will need to provide your name, zip code, Card number and email address. By registering your Card you also consent to the collection, use and transfer of such data by and to the Cirque du Soleil group of companies, including the Issuer, the financial institution and the processing services provider. Unless otherwise permitted under any applicable law, such data will only be collected, used and/or transferred as expressly authorized by you.


Replacement of a Lost/Stolen/Damaged Card or Unauthorized Use

Unless you have registered your Card, the remaining balance of your Card will not be replaced if the Card is lost, stolen, altered, destroyed, damaged or used for unauthorized transactions. This means that anyone who finds your lost Card could use it. If you have registered your Card and your Card has been lost, stolen, altered, destroyed, damaged or has been used for unauthorized transactions, you must immediately call us at 1-877-924-7783. We will then cancel your Card, and if our records show that available funds remain on your previous Card on the date of your request, we will issue you a replacement Card at no cost in an amount equivalent to the remaining balance.


Returned or Exchanged Merchandise

Refunds or exchange of Cirque du Soleil show tickets purchased with your Card is subject to Cirque du Soleil’s refund and exchange policies. Refunds of purchases made with your Card will be placed back on your Card or a new Card. You are not entitled to receive a cash refund.


Viewing Your Card Balance

For free access to your Card information 24 hours a day/7 days a week, visit cirquedusoleil.com/gift-cards or call 1-877-924-7783.


Using Your Card

This Card is a prepaid card loaded with a specific amount of U.S. dollars. This Card is not a credit card. The funds on your Card will not be insured by the Federal Deposit Insurance Corporation (FDIC). You may only use it when there is a balance remaining on the Card and only up to the amount left on the Card. Purchases will be deducted from your Card until the value reaches zero. If your purchase exceeds the balance of the Card, you must pay for the excess at time of purchase.


Shipping – Cards Purchased Online

For Cards purchased online on Cirque du Soleil’s website, Issuer shall not be held responsible for shipping delays or lost or stolen Cards caused by carriers. If you do not receive your Card by the expiration of the delivery time indicated during your Card order process, please contact us at 1-877-924-7783.


Right to Restrict Access

We may restrict access to the Card, temporarily or permanently, if we notice suspicious activity in connection with the Card. We have no liability for restricting access to the Card because of suspected suspicious activity.


Expiration

FUNDS ON YOUR CARD DO NOT EXPIRE. The expiration date of your Card is identified on the back of your Card. Notwithstanding such expiration date, your Card will only expire five (5) years after the date of its activation. You will not be able to use your Card after the expiration date. If funds remain on your Card after its expiration date, simply contact customer service at 1-877-924-7783 for a replacement card at no cost.


Liability for Failure to Complete Transactions

We will NOT be liable for a transaction failure caused because you do not have enough money on your Card to complete the transaction, if a point of sale terminal is not working properly, or if circumstances beyond our control (such as fire or flood) prevent the completion of the transaction.


Customer Service

For customer service or additional information regarding your Card, please contact us at:
Cirque du Soleil Customer Service
8400, 2e avenue, Montréal (Québec), H1Z 4M6
Phone: 1-877-924-7783
Email: services.clients@cirquedusoleil.com
For technical assistance, including Card activation, Customer Service agents are available to answer your calls 24 hours a day/7 days a week.
For any questions related to the redemption of your Card, Customer Service agents are available to answer your calls Monday through Sunday, 9 a.m. to 8:30 p.m. ET.


Assignment

Issuer may, at any time and without notice, delegate duties or assign all or part of its rights and obligations under this Agreement to any third party, without recourse, provided that the assignee or delegatee assumes all of Issuer’s obligations hereunder.


Invalidity

If any term, provision or section of this Agreement, or any portion of such term, provision or section is held invalid or unenforceable, the remainder of this Agreement will not be affected thereby and each remaining term, provision or section or portion thereof will be valid and enforceable to the full extent permitted by law. In lieu of each term, provision or section of this Agreement that is held invalid or unenforceable, there shall be added as a part of this Agreement a term, provision or section as nearly identical as may be possible and as may be legal, valid and enforceable.


Limitation of Liability

Under no circumstances shall we or any of our respective employees, directors, officers, administrators, agents, affiliates or other related entities, sponsors, distributors, vendors, suppliers, representatives, partners and all other persons acting on their behalf, be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of your Card, the use of the website or resulting from unauthorized access to or alteration of your transmissions of data, including, but not limited to, damages for loss of profits, use of data or other intangibles, even if we have been advised of the possibility of such damages. In certain cases, applicable laws may not allow the limitation of liability set forth above, so this limitation of liability may not apply in such particular cases. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability (and that of our employees, directors, officers, administrators, agents, affiliates or other related entities, distributors, vendors, suppliers, partners, sponsors, representatives or all other persons acting on our behalf) under such circumstances for liabilities that otherwise would have been limited shall not exceed the purchase price of the Card.


Arbitration

Any claim, dispute, or controversy (“Claim”) arising out of or relating to: (i) this Agreement; (ii) your Card, including the purchase or use of your Card, services related to your Card or the balance on your Card; or (iii) any advertisements, promotions or statements related to the Cards, shall be exclusively resolved by binding arbitration conduction by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration shall be FINAL. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). Any hearing will take place in the federal judicial district of your residence. Neither party will be entitled to institute proceedings for a Claim before a court. Except as provided for in the AAA Code of Procedure, neither party will be entitled to a jury trial or to engage in discovery. For any information or to file a Claim, you may contact the AAA at: 1.800.778.7879 or consult its website at www.adr.org. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. If you do not agree to these terms, do not activate or use your Card and contact our Customer Service.


No Class Action

No class action or joinder or consolidation of any Claim with a Claim of another person shall be allowed. If you do not agree to these terms, do not activate or use your Card and immediately contact our Customer Service.


Survival

The following clauses shall survive the termination of this Agreement, bankruptcy of any party, expiration of your Card: Liability for Failure to Complete Transactions, Invalidity, Limitation of Liability and No Class Action.


This Cardholder Agreement is effective 08/2015