The following Penn Station® Gift Card Terms and Conditions (the “Terms and Conditions”) apply to the purchase and use of Penn Station® gift cards, whether in a tangible or digital form, that are purchased at a participating Penn Station® restaurant location or online (including, for example, any mobile device) (collectively, “Cards” and each, a “Card”). These Terms and Conditions are between you, the “Cardholder” or “You”, and Penn Station, Inc. (together with, as applicable, P.S. National Fund, Inc. and our applicable affiliates and subsidiaries, if any, and our and their respective successors and assigns, collectively, “Penn Station”, “we”, “us”, or “our”). Each of Penn Station, any or all of its franchisees, licensees, agents, or contractors is a “Penn Station Person” and together are “Penn Station Persons”. By purchasing, accepting, or using your Card, you agree to be bound by these Terms and Conditions. For digital Cards, you are subject to the additional Digital Gift Card Terms and Conditions below. If you do not agree with these Terms and Conditions, do not purchase, use or accept any Card. IMPORTANT: these Terms and Conditions include the resolution of any disputes involving a Card by arbitration instead of in a court.

These Terms and Conditions are in addition to the Privacy Policy and the Terms of Use for the Penn Station website, which are incorporated into, and made a part of, these Terms and Conditions. To the extent there is any conflict or ambiguity between the Penn Station website Terms of Use and these Terms and Conditions, these Terms and Conditions will prevail and govern. We may change these Terms and Conditions from time to time, and all changes are effective upon posting to the Penn Station website without notice to you. You are responsible for reviewing these Terms and Conditions regularly. Your continued use of your Card and/or the website on which these Terms and Conditions appear constitutes your acceptance of these Terms and Conditions, including, for example, any changes made to them in the future.

General Terms

  • Cards cannot be replaced if lost, damaged, stolen, or used without authorization. No Penn Station Person is responsible for lost, stolen, or damaged Cards.
  • All sales of Cards are final.
  • Cards have no expiration date.
  • No fees for inactivity or service fees apply after your purchase of your Card.
  • Cards cannot be used to purchase other Cards.
  • Cards have no cash value and may not be redeemed for cash, except as required by law.
  • Cards may only be used for (1) making authorized purchases of goods at participating Penn Station® restaurant locations and (2) purchases of goods online at penn-station.com or through mobile phone applications from time to time in effect.
  • CARDS ARE VOID WHERE PROHIBITED BY LAW.
  • Cards may not be resold by any unauthorized person under penalty of law, and the unlawful resale or attempted resale in violation of these Terms and Conditions is grounds for seizure and cancellation of your Card(s) without compensation, in addition to other legal remedies.
  • Cards obtained through unauthorized channels will be considered void by participating Penn Station® restaurant locations, and no refunds or reimbursements will be offered.
  • The online purchase of Cards may be subject to additional costs, such as shipping and handling, as specified on the Penn Station website.

Penn Station may unilaterally terminate the issuance of any and all Cards at any time in Penn Station’s sole judgment, with or without notice to you. Any such termination by Penn Station will not affect the unused balance, if any, of any Cards then outstanding.

We reserve the right to correct your Card account if we believe that a clerical, billing, or accounting error occurred. You can check the balance of your Card by following this link. Clicking this link will take you to the website of our third-party service provider, where you will then become subject to our service provider’s separate terms.

You accept all responsibility for any and all claims that may arise from actions or inactions taken by you or by any person to whom you may give your Card(s) or for any unauthorized access to, or use or misuse of, your Card(s). You hereby irrevocably, unconditionally, and absolutely agree to indemnify and hold harmless Penn Station and their respective officers, directors, employees, shareholders, agents, successors, assigns and service providers from and against any and all claims that may arise from actions taken by you or by any person to whom you may give your Card(s) or for any unauthorized access to, or use or misuse of, your Card(s).

Only a person of the age of majority in the jurisdiction where you live and who can form legally binding contracts under applicable law may purchase a Card. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the jurisdiction where you live.

Dispute Resolution and Agreement to Arbitrate

Jurisdiction

Subject to the below sub-section “Agreement to Arbitrate” and for any disputes not otherwise subject to arbitration, you irrevocably, unconditionally, and absolutely consent to the exclusive jurisdiction of the federal and state courts situated in or for Cincinnati, Ohio, USA, for purposes of any legal action arising out of, or related to, these Terms and Conditions or use of any Card(s).

Agreement to Arbitrate

Any civil action, claim, dispute, or proceeding arising out of, or relating to, these Terms and Conditions or use of any Card(s) (including, without limitation, whether any action, claim, dispute, or proceeding is subject to arbitration) will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in a court (except as provided in the section “Injunctive Relief”). Except as provided in the section “Injunctive Relief,” the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority (1) to resolve any dispute arising out of these Terms and Conditions or use of any Card(s) and (2) to arbitrate any part of these Terms and Conditions, including, without limitation, any claim that all or any part of this section or these Terms and Conditions are void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Cincinnati, Ohio, USA, under the AAA’s rules and procedures, as modified by this section, to which you irrevocably, unconditionally, and absolutely agree to submit. The AAA’s rules and a form for initiating arbitration proceedings are available at https://www.adr.org.

You and we will select the arbitrator, and, if you and we are unable to reach agreement on the selection of the arbitrator within 30 days after the notice of arbitration is served by the person requesting arbitration, then the AAA will select the arbitrator. Arbitration will not commence until the person requesting arbitration has deposited such fees and costs as are required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The person requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties to the arbitration have agreed in writing to an alternate allocation of fees and costs.

The arbitrator will decide the substance of all claims and disputes exclusively in accordance with the laws of the State of Ohio, USA (without regard to Ohio conflicts of law principles), including, without limitation, recognized principles of equity, and the arbitrator will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving any of our other holders of any Cards, but the arbitrator is bound by rulings in prior arbitrations involving the same holder of a Card to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns and that judgment may only be entered in the federal or state courts in or for Cincinnati, Ohio, USA to which court’s jurisdiction you irrevocably, unconditionally, and absolutely agree to submit.

NOTICE: UNDER THESE TERMS AND CONDITIONS, THE USER OF THE CARD IS GIVING UP RIGHTS TO HAVE A TRIAL BY JURY FOR ANY AND ALL CLAIMS AGAINST EACH PENN STATION PERSON ARISING OUT OF OR RELATED TO A CARD, ANY ACTIONS OR INACTIONS RELATED THERETO, OR THESE TERMS AND CONDITIONS.

Prohibition of Class and Representative Actions and Non‑Individualized Relief

EACH OF PENN STATION AND YOU MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR RELATED TO A CARD, ANY ACTIONS OR INACTIONS RELATED THERETO, OR THESE TERMS AND CONDITIONS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING ARISING OUT OF OR RELATED TO A CARD, ANY ACTIONS OR INACTIONS RELATED THERETO, OR THESE TERMS AND CONDITIONS. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING, WITHOUT LIMITATION, MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) ARISING OUT OF OR RELATED TO A CARD, ANY ACTIONS OR INACTIONS RELATED THERETO, OR THESE TERMS AND CONDITIONS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF ANY CARD.

No Warranty

NO PENN STATION PERSON MAKES, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY CARD, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability

IN NO EVENT SHALL ANY PENN STATION PERSON BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE SALE, ISSUANCE OR RELOADING OF A CARD, THE USE OF ANY CARD, OR ANY OTHER ACTION OR INACTION RELATED THERETO EVEN IF A PENN STATION PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PENN STATION PERSONS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SALE, ISSUANCE OR RELOADING OF A CARD, THE USE OF ANY CARD, OR ANY OTHER ACTION OR INACTION RELATED THERETO, OR THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING, WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU FOR ANY CARD FOR THE ORIGINAL PURCHASE OR, IF RELOADED, THE MOST RECENT RELOADED AMOUNT. The foregoing limitations will apply even if any stated remedy fails of its essential purpose. In some jurisdictions, certain limitations of liability are not permitted, and, to that extent, such limitations on liability may not apply to you.

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction or arbitrator pursuant to a duly convened arbitration pursuant to these Terms and Conditions, such provision shall be deemed modified only to the extent necessary to make it enforceable, or if the foregoing is not possible, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.