Effective Date: October 20, 2024
1. Terms
These terms and conditions (the “Terms”) govern the Pokémon GO-branded gift cards denominated in United States Dollars, including plastic cards and digital gift cards (each a “Gift Card”) and constitute a legally binding agreement between Niantic, Inc. (“Niantic” or “Card Issuer”) and you (the “Agreement”). Your purchase, use, redemption, or acceptance of a Gift Card constitutes your agreement to the Terms. Please read this Agreement carefully. The Terms include a change in terms provision. The Terms also include a binding arbitration clause and a waiver of class action provision, which are expressly incorporated by reference from the Niantic Terms of Service into these Terms. In addition to these Terms, your purchase, use or acceptance of Pokémon GO Gift Cards is also subject to the Niantic Terms of Service and the Niantic Privacy Policy which are expressly incorporated into and constitute a part of these Terms.
PLEASE BE AWARE THAT SECTION 13 OF THE NIANTIC TERMS OF SERVICE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND NIANTIC. AMONG OTHER THINGS, SECTION 13 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 13 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.
If you are in the European Economic Area (“EEA”), the United Kingdom, or any other country that does not allow such arbitration agreement, the above notice does not apply to you.
In the case of any conflict between the Terms and the incorporated terms referenced above, the Terms shall control. If you do not agree with the Terms or the incorporated terms referenced above, do not purchase, accept, or redeem a Gift Card.
2. The Gift Card Issuer and Obligor
The Gift Cards are issued by Niantic, Inc. (the “Card Issuer”). Niantic, Inc. is the sole card issuer and the sole obligor to the card owners. The Gift Cards are sold or distributed by authorized retailers or distributors (“Retailers”) on behalf of Niantic, Inc. However, these Retailers are neither the Card Issuer nor an obligor to you or to any card owner. Your contractual party in relation to the Gift Card is Niantic, Inc. as the Card Issuer. Card Issuer may delegate its issuer obligations to an assignee, without recourse. If delegated, the assignee, and not Card Issuer, will be the sole and only obligor to the card owner.
3. About the Gift Card
The Gift Cards are closed-loop instruments which means they are only redeemable to access in-game virtual currency (“PokéCoins”). PokéCoins are solely for use in the Pokémon GO mobile game app (“Pokémon GO App”), which is available for supported mobile phones. The Gift Cards are limited-value and single-use cards. They are not debit or credit cards, deposit accounts, or linked to a deposit account. Your Gift Card is not a bank issued card. We may modify, suspend or discontinue the Pokémon GO App and PokéCoins, in whole or in part, at any time without notice or liability.
4. Purchasing Gift Cards
Gift Cards may be purchased only in the United States and only at the Retailers. You acknowledge that you will not receive credits, currency, or any such equivalent as part of redeeming a Gift Card. You expressly acknowledge there is no in-game wallet or credit functionality within the Pokémon GO App. You are responsible for ensuring before purchase that your mobile phone is supported and meets any minimum requirements, including any requirement that we make available on the Gift Card or other support pages. The help centers at Niantic Game and App Resources contain a list of supported devices. We do not support rooted or jailbroken devices.
If you have any doubt about which Retailers are approved or authorized, please contact us. Note that additional terms may apply depending on where you bought the Gift Card from, and it is your responsibility to check any Retailers’ terms that apply in addition to these Terms.
Gift Cards purchased in the United States will be denominated in United States Dollars and are redeemable only for the amount of PokéCoins displayed on the Gift Card. A Gift Card will not be valid unless and until it is properly acquired and activated. A Gift Card will not be valid if obtained by you from unauthorized sellers or unauthorized resellers including from Internet auction sites. Once purchased, the Gift Card will not be reloadable.
4.1. Gift Card Purchase Warnings
Gift cards are popular consumer products. Unfortunately, they are targets for fraud and scams perpetrated by fraudsters and scammers designed to entice targets to buy a Gift Card. For more about fraud schemes visit stopgiftcardscams.com. Be vigilant. Do not purchase a Gift Card unless you are purchasing it as a gift or for your personal use. If anyone insists you buy a Gift Card for use to make a payment, then do not purchase the Gift Card. Card Issuer is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
Gift Card tampering is a major fraud scheme. Fraudsters remove a card from a sales rack, tamper with the packaging, steal the card number, scratch the PIN pad, steal the PIN, replace the PIN pad, and return the card to the rack. Then they wait until a purchaser buys the card. When it is activated upon sale, they deploy the stolen card numbers to use the card and drain its value resulting in the purchaser holding a valueless card. Be vigilant. When buying a card, examine packaging. Do not purchase a Gift Card if packaging has been broken or indicates tampering. For information visit stopgiftcardscams.com.
5. Redemption of Gift Card
Your Gift Card is a digital code. It is redeemable only online at https://pokemongolive.com/redeem (the “Redemption Site”) to access PokéCoins. All use of PokéCoins is subject to the Niantic Terms of Service.
When you redeem a Gift Card, you may (at our sole discretion) also receive additional in-game item(s) or bonuses and/or additional PokéCoins. The selection of which in-game item(s) or the number of extra PokéCoins to be provided is entirely within Niantic’s sole discretion. To the maximum extent permitted by law, any offers and bonuses may be discontinued or replaced at any time.
You must have a valid Niantic account for Pokémon GO (“Niantic Account”) and an Internet connection in order to redeem your Gift Card. Additional terms apply to Pokémon GO, see the Niantic Terms of Service. To create a Niantic Account, you can use (a) your pre-existing Google account; (b) your pre- existing Facebook account, (c) your pre-existing Pokémon Trainer Club account; (d) a Niantic Kids account, or (e) such other third-party authentication accounts that Niantic supports, as selected by you on the Pokémon GO App account creation screen. Any information you provide to Niantic as part of the account registration process shall be subject to the Niantic Privacy Policy.
Once you have your Niantic Account, you must visit the Redemption Site and login with the credentials you use to access Pokémon GO. Enter your Gift Card code. After following all the steps as provided on the Gift Card and the Redemption Site, the corresponding amount of PokéCoins will be delivered to the Niantic Account for Pokémon GO that was logged in on the Redemption Site when the Gift Card was redeemed. You should then be able to use the PokéCoins directly in the Pokémon GO App to purchase virtual items or services expressly available for use in the Pokémon GO App. Any instructions on how to redeem your Gift Card will be provided on the Gift Card and on the Redemption Site. If you have any questions about redeeming your Gift Card, please visit the Frequently Asked Questions page or contact our Support Team.
You may view your PokéCoin balance when logged in to your Niantic Account for Pokémon GO. Refunds, returns, or credits regarding PokéCoins, if any, are subject to the refund policy described in the Niantic Terms of Service and the terms of any applicable Retailers. Gift Cards are not refundable and may not be exchanged.
6. Minors
You must be 18 years or older to use, accept or redeem Gift Cards. If you are not 18 years or older, you must obtain the consent of your parent or guardian to purchase or redeem Gift Cards. If you have a Niantic Kids Account or Pokémon Trainer Club child account, you may not redeem a Gift Card unless your parent enables the appropriate parental permission on your Niantic Account.
7. Limitations on Use
Your Gift Card is subject to limitation on use. Your Gift Card may be redeemed only into a Niantic Account for Pokémon GO. Redemptions into a Niantic Account will be for the PokéCoins corresponding to the full face value of your Gift Card. No partial redemptions are allowed. Gift Cards may not be used to purchase other Gift Cards, at merchants other than Niantic, Inc., or to buy money orders. Prior to being redeemed into a Niantic Account, your Gift Card may not be reloaded, exchanged for value, or resold. Gift Cards are not refundable and may not be exchanged. Once a Gift Card is redeemed into a Niantic Account, the PokéCoin balance in the account may not be transferred to another person or to another Niantic account. Your Gift Card may not be redeemed for cash, except to the extent required by law. Neither the Gift Card nor the PokéCoin balance can be used in an illegal transaction.
8. Account Suspension/Termination
Your Niantic Account may be suspended or terminated pursuant to the Niantic Terms of Service for fraud, misuse, or abuse. In case of such termination, you must cease all use of the Gift Card, and we may immediately revoke your access to any redeemed PokéCoins or the App without notice to you and without refund of any purchases. You may refer to the Niantic Terms of Service and the Gameplay Fairness Policy for more information.
9. Resale is Prohibited
You may not sell a Gift Card or otherwise barter or exchange a Gift Card for value. However, consistent with its intended purpose, you may give a Gift Card to another person for no monetary consideration as a gift.
10. No Refunds/All Sales Final
All purchases of Gift Cards are final. You may not return, exchange or cancel your Gift Card after it is purchased. The Gift Cards are not refundable for cash unless required by law.
11. Risk of Loss, Damage, Theft or Unauthorized Use
Title to the Gift Card and risk of loss passes to the Gift Card purchaser when a Gift Card is delivered. With respect to physical Gift Cards or digital Gift Cards purchased at a physical location (as opposed to online) that occurs upon delivery of the physical Gift Card or digital Gift Card to the purchaser. With respect to an online purchase of a physical Gift Card, that occurs upon delivery of the physical Gift Card to the purchaser designated recipient. With respect to an online purchase of and the electronic delivery of a digital Gift Card, that occurs when the digital Gift Card is clicked by the sender as sent. Although they are not cash, you should protect your Gift Cards like you do cash. Gift Cards will not be replaced or replenished if lost, damaged, stolen, or used without authorization.
12. Balance Inquiry
You may view your PokéCoin balance, including PokéCoins obtained in connection with the redemption of a Gift Card, when logged in to your Niantic Account for Pokémon GO. Your Gift Card may be redeemed only into a Niantic Account for Pokémon GO for the full face value of the Gift Card. No partial redemptions are allowed. Redemptions into a Niantic Account will be for the PokéCoins corresponding to the full face value of your Gift Card.
13. No Expiration Date
Your Gift Card does not expire. However, a Gift Card may (or may not) be subject to escheat to an appropriate state or territory if and as required by applicable unclaimed property laws. For information about escheat, visit unclaimedproperty.org. If escheat occurs, you may inquire about the status of the Gift Card funds by contacting our Support Team.
14. No Fees
No fees for inactivity, maintenance or service fees apply to your Gift Card. Card Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.
15. Fraud & Unauthorized Transactions
You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized. Consequently, you should safeguard your Gift Card and not disclose your Gift Card information. Card Issuer reserves the right to assert all available remedies or countermeasures in the event of suspected abuse or fraud. Such remedies and measures shall include, without limitation, the blocking of a Gift Card from use or the refusal by the Card Issuer to issue or honor a Gift Card. Such remedies and measures also shall include the right to void a Gift Card without any refund in the event a Gift Card was obtained by theft or fraud.
16. Limitation of Liability
CARD ISSUER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GIFT CARD INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD IS NON-FUNCTIONAL, DUE TO A SYSTEM ERROR, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF THAT GIFT CARD. UNLESS PROHIBITED BY LAW, CARD ISSUER AND YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT ACTUAL DAMAGES. AND CARD ISSUER AND YOU WILL NOT SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
17. Change in Terms
Card Issuer reserves the right to modify these Terms at any time in our sole discretion. If we do, we will notify you by posting the modified Terms on https://nianticlabs.com/giftcardterms. The most current version of these Terms will be available on that site and will supersede all previous versions of these Terms except as otherwise specified. It’s important that you review any modified Terms before you continue using the Gift Card. If you continue to use the Gift Card or the Pokémon GO App, after the effective date of the revised Terms, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Gift Card or the Pokémon GO App.
18. Severability
Should the terms and conditions of this Agreement, or any part thereof, be determined by any court, tribunal, arbitrator, or agency to be unenforceable, void, or voidable, or should any court, tribunal, arbitrator, or agency refuse or decline to enforce these terms and conditions or any part thereof, the remainder of these terms and conditions and all parts of it shall remain in effect, valid, and enforceable.