MotorCity Casino Hotel Gift Card Terms and Conditions

By purchasing, accepting, or using (or allowing someone else to use) a MotorCity Casino Hotel Gift Card (“Card”), you accept and agree to be bound by these MotorCity Casino Hotel Gift Card Terms and Conditions (the “Agreement”). This Agreement is between you and Detroit Entertainment, L.L.C. d/b/a MotorCity Casino Hotel (“MCCH”) and supplements the terms and conditions set forth on your Card. In this Agreement, “you” and “your” mean any person who receives the Card initially or otherwise uses it. If more than one person uses the Card, you are each jointly and severally liable for all obligations related to that Card, regardless of which of you uses the Card or benefits from that use. This Agreement is subject to the Privacy Policy and Terms of Use governing MCCH’s website. Please read MCCH’s Privacy Policy and this Agreement carefully to understand, among other things, how MCCH collects, uses and discloses its customer’s information.

MCCH reserves the right to change this Agreement from time to time in its discretion, which changes MCCH may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.motorcitycasino.com/giftcard. As permitted by applicable law, any change will become effective at the time MCCH posts the revised Agreement to its website. Therefore, you should periodically review the Agreement. Your continued use of the Card following posting of the modified Agreement constitutes your acceptance of same. 

1. Your Card can only be used to purchase certain goods and services from MCCH. Generally speaking, your Card can be used for in-person purchases at MCCH’s restaurants, D.Tour spa, Sound Board theater box office, and Lacquer gift shop, and can also be used for in-person, non-advance payments related to your stay in a hotel guest room. Your Card may not be used for gaming activities, online purchases of any kind, advance payments related to reservations or appointments (including but not limited to advance payments related to hotel guest room reservations, hotel guest room deposits, restaurant reservations, and spa appointments), kiosk or mobile device purchases, in-hotel guest room purchases made via the television, or any unlawful activity.
2. Your Card has no expiration date. You will not be charged any dormancy, inactivity, or services fees in connection with your use of the Card. The minimum amount that you may have loaded on a Card is five dollars ($5.00), but there is no maximum amount that you may have loaded on a Card.
3. Your Card has no value until it is activated by MCCH. Your Card is not reloadable and thus its value is limited to the dollar amount that is initially loaded on the Card. You may not return your Card or exchange it for cash, and you may not resell it or transfer it for value and it will be void if you do so. “Re-selling” includes but is not limited to making your Card available, or permitting it to be made available, on any secondary market (on the Internet or otherwise). The Card has no cash value and is not redeemable for cash except when required by law, nor is it redeemable for credit or gaming activity. You may not consolidate or combine the balances of multiple Cards onto a single Card. Your Card is not to be used in any promotion, raffle, auction, or the like.
4. You authorize MCCH to pay all transactions initiated with your Card and to debit the total amount of such transactions from the value of your Card, and you agree that MCCH will not be liable for declining an authorization on your Card for any particular transaction, regardless of MCCH’s reason. You further agree that you are responsible for all charges made by anyone who uses your Card. You understand that your Card is not a credit card and is not protected by laws covering credit cards.
5. Each time your Card is used, the value of the Card will decrease by the amount of the transaction. After the amount available on your Card has been exhausted, all transactions attempted with the Card will be declined. If you wish to use your Card to purchase an eligible good or service with a purchase price that is greater than the available balance on your Card, you may use your Card toward a portion of the purchase price and another form of payment (i.e. cash, credit card, debit card, or another Card) to pay the balance of the purchase price. You may not use MotorCity Comps to pay the balance of the purchase price.
6. You may only return retail items that were purchased with a Card if you have a valid receipt. No other type of item and no services purchased with a Card may be returned (e.g. food, theater tickets, spa treatments). You will receive a cash refund for permitted returns in the amount listed for the applicable retail item on the receipt, even if you return a retail item purchased with multiple permitted methods of payment.
7. You will receive MotorCity Comps on purchases made using your Card, subject to any limitations or restrictions set forth in the Club Metro® Official Rules; however, you may not use MotorCity Comps to purchase a Card.
8. MCCH is not responsible if your Card is lost, stolen, or damaged. If your Card is lost, stolen, or damaged, MCCH will not replace it or return the funds on it to you.
9. You are responsible for keeping track of the available balance on your Card. To obtain your Card balance visit givex.com. The balance furnished to you will be an estimate only. Please check your account balance regularly to ensure it is correct. If you believe your balance is incorrect, you must notify us at GiftCard@motorcitycasino.com within sixty (60) business days after you FIRST knew or should have known that the balance depicted on the above website was incorrect. MCCH will investigate and get back to you within forty five (45) business days after you notify MCCH of the suspected discrepancy. If MCCH determines that an error was made and MCCH made it, MCCH will promptly take corrective measures. If you do not notify MCCH within that sixty (60) business-day period, MCCH will have no obligation to investigate or correct the suspected discrepancy. If you decide to check your account balance using the above website, you will be directed to a third party website and will be subject to its terms of use and not this Agreement. As a supplement to MCCH’s Terms of Use and Privacy Policy, any subsequent exchange of data or other interaction between you and that third party website and/or the related third party service provider (collectively, the “Linked Website”), is solely between you and such Linked Website. Regardless of any recommendation by MCCH or use of such Linked Website, MCCH does not make any representations, warranties or guarantees with respect to any such Linked Website or any of its products, services, or privacy practices. While MCCH may rely on data or information provided or generated by or through such Linked Website, you hereby acknowledge that MCCH specifically does not warrant the accuracy, reliability, completeness, or security of any such data or information, and you agree that MCCH shall not be liable for any acts or omissions based on its reliance thereon.
10. As a supplement to MCCH’s Privacy Policy and without limiting any disclosure rights thereunder, you acknowledge and agree that MCCH may disclose information to third parties about you, your Card and/or the transactions made with your Card: (i) where it is necessary for completing transactions with the Card; (ii) to verify either a transaction with the Card or the existence and condition of the Card to a third party; and (iii) to utilize the services of third parties who assist MCCH in providing the Card and related services (including but not limited to the Linked Website). MCCH may also share information about you, your Card, and/or the transactions made with your Card, based on MCCH’s transactions and experiences with you, with our parent, affiliate, and subsidiary companies.
11. MCCH reserves the right to refuse, cancel, or hold Cards and/or purchases where it suspects a Card was mistakenly issued in an incorrect denomination, or where it suspects fraud or unauthorized use, or for other violations of this Agreement. The Card may not be copied under any circumstances, and will be void if it is copied. MCCH cannot control who may re-sell Cards in violation of this Agreement, nor can we control the price or preloaded denominations offered by such re-sellers. Consequently, MCCH has no liability to you for any third party fraud or unlawful thirty activity associated with any Card. If MCCH discovers any Card or balance was sourced or derived from fraud or other unlawful means, in MCCH’s sole discretion, it may cancel all impacted Cards and retain all related balances without notice to you.
12. This Card is not marketed to individuals who, pursuant to Michigan law, have been placed on the Michigan Gaming Control Board’s list of “disassociated persons” (each, a “DP”). Each DP has pledged never again to visit the Detroit casinos and has agreed that entering a Detroit casino is a crime (punishable by imprisonment for not more than 1 year, a fine of not more than $1,000.00, or both). Accordingly, each DP who purchases or otherwise receives a Card acknowledges that he/she understands his/her obligations as a DP and agrees that he/she will not enter MCCH’s casino. Additionally, because anyone on the Michigan Gaming Control Board’s exclusion of persons list is prohibited from entering MCCH’s casino, each person on that list who purchases or otherwise receives a Card acknowledges that he/she understands his/her obligations as an excluded person and agrees that he/she will not enter MCCH’s casino.
13. Warranty Disclaimer.

    MCCH, ITS AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE MEMBERS, COMMITTEE MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (collectively, the “MCCH PARTIES”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CARD OR YOUR USE OF ANY CARD, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. MCCH DOES NOT WARRANT THAT A CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND THE MCCH PARTIES’ SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD, UPON PROOF OF OWNERSHIP, IN THE AMOUNT OF THE THEN CURRENT BALANCE.

    AS A SUPPLEMENT TO MCCH’S TERMS OF USE, MCCH DOES NOT MAINTAIN OR CONTROL THE LINKED WEBSITE OR THE CONTENT THEREON AND IS NOT RESPONSIBLE FOR THE AVAILABILITY, SECURITY/PRIVACY, COMPLETENESS, TIMELINESS, FACTUAL ACCURACY, OR NON-INFRINGEMENT OF SUCH LINKED WEBSITE AND CONTENT, AND THE LINKED WEBSITE AND SUCH CONTENT IS PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY WHATSOEVER.

14. LIMITATION OF LIABILITY.

    IN NO EVENT SHALL THE MCCH PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS (INCLUDING BUT NOT LIMITED TO ANTICIPATED PROFITS), LOSS OF REVENUE, ECONOMIC LOSS, LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, WHETHER AN ACTION IS BROUGHT IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR CONNECTED WITH ANY CARD, YOUR USE OF ANY CARD, AND/OR YOUR USE OF THE LINKED WEBSITE, EVEN IF THE MCCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE MCCH PARTIES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CARD THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE. IN THE EVENT THAT ANY OF THE MCCH PARTIES IS/ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE BALANCE HELD ON YOUR AFFECTED CARD AT THE TIME THE LIABILITY FIRST AROSE.

15. This Agreement constitutes the entire agreement between MCCH and you regarding any Card and your use of any Card. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which remainder shall remain in full force and effect.
16. Disputes.

    YOU AND MCCH AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH ANY CARD, YOUR USE OF ANY CARD, YOUR USE OF THE LINKED WEBSITE, AND/OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THIS AGREEMENT, SUCH CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR MCCH CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN WAYNE COUNTY, MICHIGAN CONSISTENT WITH APPLICABLE JURISDICTIONAL AND MONETARY LIMITS, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR MCCH MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

    If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to Legal Department, MotorCity Casino Hotel, 2901 Grand River Avenue, Detroit, MI 48201. If MCCH intends to seek arbitration, MCCH will send a Notice to you at your most current address known to MCCH. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties do not reach a mutually acceptable resolution of the matter within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.

    The party who initiates arbitration will pay all filing, administration, and arbitrator fees.

    YOU AGREE THAT ALL MATTERS RELATING TO ANY CARD, YOUR USE OF ANY CARD, AND/OR YOUR USE OF THE LINKED WEBSITE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ALL CLAIMS, DISPUTES, CONTROVERSIES, OR CAUSES OF ACTION WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT, THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO MICHIGAN’S CHOICE OF LAW PRINCIPLES. UNLESS YOU AND MCCH AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED, OR THIS AGREEMENT PROVIDES THAT, A CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY SUCH CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION (WITH THE EXCEPTION OF A CLAIM, DISPUTE, CONTROVERSY, OR CAUSE OF ACTION APPROPRIATELY LODGED IN SMALL CLAIMS COURT IN WAYNE COUNTY, MICHIGAN) SHALL BE RESOLVED EXCLUSIVELY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION, OR IF SUCH COURT LACKS SUBJECT MATTER JURISDICTION, IN THE CIRCUIT COURT OR DISTRICT COURT OF WAYNE COUNTY, MICHIGAN, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS. YOU AND MCCH BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. ANY CLAIM, DISPUTE, OR CONTROVERSY BY YOU MUST BE INITIATED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION GIVING RISE TO THE CLAIM, DISPUTE, OR CONTROVERSY ARISES, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS RENDERED UNENFORCEABLE UNDER APPLICABLE LAW.

    THE MAKING OF CLAIMS OR RESOLUTION OF CLAIMS, DISPUTES, CONTROVERSIES, OR CAUSES OF ACTION PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (I) ANY AND ALL DISPUTES, CLAIMS, CONTROVERSIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH ANY CARD, YOUR USE OF ANY CARD, YOUR USE OF THE LINKED WEBSITE, AND/OR THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR MASS ACTION; AND, (II) EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.