TERMS AND CONDITIONS

Effective Date: 10/01/2025

Last Updated: 10/21/2025

1. PROGRAM OVERVIEW

Jay's Collector Club (the "Program") is a customer loyalty and rewards program operated by Jay's Toys and Games ("Jay's," "we," "us," or "our"). The Program allows eligible members to earn points on qualifying purchases and redeem those points for discounts on future purchases through our online store.

Participation in the Program constitutes acceptance of these Terms and Conditions (the "Terms"). We reserve the right to modify, suspend, or discontinue the Program, in whole or in part, at any time with or without notice.

2. ELIGIBILITY

2.1. Age Requirement: You must be at least eighteen (18) years of age to participate in the Program. Individuals between thirteen (13) and seventeen (17) years of age may participate with verifiable parental or legal guardian consent.

2.2. Account Requirement: Participation requires creation of a Jay's Toys and Games online account with a valid email address.

2.3. Geographic Restrictions: The Program is void where prohibited by law. We reserve the right to restrict participation based on geographic location.

2.4. Limitation: Participation is limited to individual consumers. Resellers, wholesalers, and commercial entities are not eligible to participate in the Program.

3. ONLINE-ONLY PROGRAM

3.1. Scope: Jay's Collector Club is exclusively an online loyalty program. Points may only be earned on purchases made through our official e-commerce website at jaystoysandgames.com

3.2. In-Store Exclusion: Purchases made at any Jay's Toys and Games physical retail location(s) do not earn loyalty points and are not eligible for point redemption at this time. We reserve the right to expand the Program to include in-store purchases in the future without prior notice.

3.3. Point Redemption: Loyalty points and rewards generated through the Program may only be redeemed for online purchases and cannot be applied to in-store transactions.

4. EARNING POINTS

Members may earn points through the following activities:

4.1. Purchase Points

• Members earn one (1) point for every one dollar ($1.00 USD) spent on qualifying purchases, calculated before taxes, shipping, and fees.
• Points are awarded based on the net purchase amount after returns, cancellations, and refunds.

4.2. Account Creation

• New members receive one hundred (100) points upon successful account creation and verification.
• This bonus is awarded once per customer and is non-transferable.

4.3. First Purchase Bonus

• New customers receive fifty (50) points upon completion of their first qualifying purchase.
• This bonus is awarded once per customer.

4.4. Social Media Engagement

• Members receive twenty-five (25) points for following Jay's Toys and Games on Instagram (@jaystoysandgames).
• This activity requires manual verification and may take up to seven (7) business days to process.
• This bonus is awarded once per account.

4.5. Product Reviews

• Members receive fifty (50) points for submitting a product review that includes a photograph.
• Reviews must comply with our review guidelines and be approved before points are awarded.
• Points are awarded per approved review, subject to reasonable limitations to prevent abuse.

4.6. Birthday Rewards

• Members who provide their date of birth in their account profile receive one hundred (100) points annually on their birthday.
• Birthday must be verified and accurate. False information may result in account suspension.

4.7. Referral Program

• Members who successfully refer a new customer receive two hundred fifty (250) points after the referred customer completes their first qualifying purchase.
• Referred customers must be new to Jay's Toys and Games and must not have previously created an account.
• Maximum of ten (10) successful referrals per member per calendar month.
• Self-referrals, fraudulent referrals, and referrals using disposable or temporary email addresses are prohibited and will result in point forfeiture and possible account termination.

4.8. Qualifying Purchases

Qualifying purchases exclude:

• Taxes, shipping, handling, and other fees
• Gift card purchases
• Previous purchases or layaway payments
• Purchases made with third-party discount codes or promotional offers that explicitly exclude loyalty point accrual
• Fraudulent, canceled, or returned orders

4.9. Point Crediting Timeline

• Purchase points are typically credited within twenty-four (24) to seventy-two (72) hours of order fulfillment.
• Bonus points for activities (reviews, social follows, referrals) may take up to seven (7) business days to process.
• Points are not credited until payment has been successfully processed and orders have shipped.

5. REDEEMING POINTS

5.1. Redemption Tiers

Points may be redeemed according to the following structure:

Points Required - Discount Value - Minimum Order Value

100 points - $5.00 USD - $25.00 USD
250 points- $15.00 USD - $50.00 USD
500 points - $35.00 USD - $100.00 USD
1,000 points - $80.00 USD - $200.00 USD

5.2. Redemption Process

• Points are redeemed by generating a single-use discount code through the member's account dashboard.
• Discount codes are applied at checkout and must meet the minimum order value requirements specified above.
• Discount codes are calculated based on the subtotal before taxes and shipping.

5.3. Maximum Redemption Cap

• Maximum discount per order: One hundred dollars ($100.00 USD).
• Members may not apply multiple discount codes or exceed the $100 discount cap per transaction, regardless of point balance.

5.4. Limitations

• Points may only be redeemed for discounts on merchandise and may not be applied toward taxes, shipping, handling fees, or gift card purchases.
• Loyalty discounts cannot be combined with other promotional codes, coupons, or offers unless explicitly stated.
• Only one loyalty reward discount code may be used per order.
• Discount codes generated through point redemption are single-use only and expire thirty (30) days from the date of generation if unused.

6. POINT EXPIRATION

6.1. Inactivity Expiration

• Points expire after twelve (12) consecutive months of account inactivity.
• "Inactivity" is defined as no qualifying purchases or point earning activities.

6.2. No Extension

• We do not provide extensions or reinstatements for expired points.
• It is the member's responsibility to monitor their account and point balance.

7. REFERRAL PROGRAM TERMS

7.1. Referral Structure

• Referring members ("Referrer") may share a unique referral link with prospective customers ("Referred Friend").
• Referred Friend receives a twenty-five dollar ($25.00 USD) discount on their first order with a minimum purchase of sixty dollars ($60.00 USD).
• Referrer receives two hundred fifty (250) points after Referred Friend completes their first qualifying purchase.

7.2. Referral Eligibility

• Referred Friends must be new customers who have not previously created an account or made a purchase with Jay's Toys and Games.
• Referral discounts are single-use and non-transferable.
• Referral links expire thirty (30) days from the date of generation.

7.3. Referral Limitations

• Maximum of ten (10) successful referrals per Referrer per calendar month.
• Self-referrals are strictly prohibited.
• Use of disposable email domains, fake accounts, or other fraudulent methods will result in immediate disqualification, point forfeiture, and account termination.

7.4. Fraud Prevention

• We employ automated fraud detection systems to monitor referral activity.
• We reserve the right to investigate suspicious referral patterns and withhold or revoke points earned through fraudulent referrals.

8. ACCOUNT TERMINATION AND FORFEITURE

8.1. Grounds for Termination

We reserve the right to suspend or terminate any member's account and forfeit all accrued points without prior notice if we determine, in our sole discretion, that the member has:

• Violated these Terms and Conditions
• Engaged in fraudulent, abusive, or manipulative activity
• Created multiple accounts to circumvent program limitations
• Engaged in harassment, threats, or abusive conduct toward Jay's Toys and Games staff or other customers
• Provided false or misleading information
• Attempted to exploit program vulnerabilities or loopholes

8.2. Effect of Termination

Upon termination:

• All accrued points are immediately forfeited
• Outstanding reward codes are voided
• The member is prohibited from creating new accounts or participating in the Program in the future

9. POINTS HAVE NO CASH VALUE

9.1. Non-Monetary

• Loyalty points have no cash value and cannot be redeemed for cash, checks, or money orders.
• Points are not the property of the member and constitute a promotional benefit granted at our discretion.

9.2. Non-Transferable

• Points are non-transferable and may not be sold, bartered, assigned, or transferred to another individual or account under any circumstances.

10. PROGRAM MODIFICATIONS

10.1. Right to Modify

We reserve the right, at our sole discretion, to:

• Modify point earning rates, redemption values, or reward tier structures
• Add, remove, or modify earning or redemption opportunities
• Change minimum purchase requirements or maximum discount caps
• Alter eligibility requirements
• Modify or discontinue the Program in its entirety

10.2. Notice

We will make reasonable efforts to provide advance notice of material changes to the Program through email, website announcements, or in-app notifications. However, we are not obligated to provide notice and members are responsible for reviewing these Terms periodically for updates.

10.3. Continued Participation

Continued participation in the Program following any modifications constitutes acceptance of the revised Terms.

11. LIMITATION OF LIABILITY

11.1. No Guarantee of Availability

• Loyalty points and discounts do not guarantee product availability.
• Limited edition items, pre-orders, and high-demand products may sell out regardless of point balance or available discounts.

11.2. Technical Issues

We are not responsible for:

• Technical malfunctions, system errors, or website downtime that prevent earning or redemption of points
• Lost, stolen, or compromised account credentials
• Delayed point crediting due to payment processing issues or third-party service failures
• Email deliverability issues that prevent receipt of program communications

11.3. Disclaimer of Warranties

THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.4. Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JAY'S TOYS AND GAMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF POINTS, LOSS OF REWARDS, OR LOSS OF OPPORTUNITY, ARISING OUT OF OR RELATED TO PARTICIPATION IN THE PROGRAM.

12. PRIVACY AND DATA COLLECTION

12.1. Information Collected

To participate in the Program, we collect and store the following personal information:

• Full name
• Email address
• Purchase history and transaction data
• Date of birth (optional, for birthday rewards)
• Social media handles (if applicable)
• IP address and device information

12.2. Use of Information

We use collected information to:

• Administer the loyalty program and credit points
• Send transactional emails related to point balances, rewards, and account activity
• Send promotional emails, newsletters, and marketing communications (subject to opt-out rights)
• Detect and prevent fraudulent activity
• Analyze program performance and member engagement

12.3. Data Sharing

We do not sell personal information to third parties. We may share information with:

• Third-party service providers who assist in operating the Program (e.g., Rivo Commerce, Inc.)
• Law enforcement or regulatory authorities as required by law
• Successors in interest in the event of a merger, acquisition, or sale of business assets

12.4. Privacy Policy

Your participation in the Program is also governed by our Privacy Policy, available at https://www.jaystoysandgames.com/policies/privacy-policy. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall control with respect to privacy and data handling matters.

12.5. Email Communications

By participating in the Program, you consent to receive transactional and promotional emails from Jay's Toys and Games. You may opt out of promotional emails at any time by using the unsubscribe link provided in email communications, but you may not opt out of transactional Program-related emails while you remain an active member.

13. TAX IMPLICATIONS

13.1. Member Responsibility

Members are solely responsible for any and all federal, state, or local taxes, fees, or obligations arising from participation in the Program or receipt of rewards.

13.2. Reporting

We reserve the right to report reward values to tax authorities as required by applicable law. Members may be required to provide taxpayer identification information if reward values exceed reportable thresholds.

14. DISPUTE RESOLUTION

14.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law principles.

14.2. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Program shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Des Moines, IA. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.3. Class Action Waiver

MEMBER AGREES TO RESOLVE DISPUTES WITH JAY'S TOYS AND GAMES ON AN INDIVIDUAL BASIS ONLY. MEMBER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

14.4. Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm.

15. MISCELLANEOUS PROVISIONS

15.1. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Jay's Toys and Games regarding the Program and supersede all prior agreements, representations, and understandings.

15.2. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

15.3. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.

15.5. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, supply chain disruptions, or government actions.

15.6. Interpretation

Section headings are for convenience only and shall not affect the interpretation of these Terms.

16. CONTACT INFORMATION

For questions regarding the Jay's Collector Club Loyalty Program, please contact:

Jay's Toys and Games

Email: info@jaystoysandgames.com

Phone: 515-287-4578

Address: 3315 SE 14th St, Des Moines, IA 50320

17. ACKNOWLEDGMENT

BY CREATING AN ACCOUNT AND PARTICIPATING IN JAY'S COLLECTOR CLUB, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.