VICI COLLECTION
LLC TERMS OF USE

Last Modified: May 29, 2025

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and VICI COLLECTION, LLC ("Company," "VICI", "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of www.vicicollection.com, including any content, functionality, and services offered on or through www.vicicollection.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By creating an account or otherwise accessing or using the Website, you acknowledge and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.vicicollection.com/pages/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

NOTICE REGARDING ARBITRATION: PLEASE NOTE THESE TERMS OF USE INCLUDE A DISPUTE RESOLUTION SECTION THAT YOU SHOULD READ CAREFULLY. THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW IN SECTION 16, REQUIRES YOU, SUBJECT TO SOME LIMITED EXCEPTIONS, TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

2. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Purchase products on the Website for the purpose of reselling or distributing the products and we reserve the right to prohibit purchases that violate this provision.
Otherwise attempt to interfere with the proper working of the Website.

In addition, you may generally visit and browse the Website if you are at least 16 years of age; however, you must be at least 16 years of age or older to create an account to use engage in the Program (as defined below), upload User Content, and to purchase products. You affirm and represent and warrant that you are at least 16 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

3. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

VICI, VICI Collection, VICI Dolls, VICI Social Club and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4. Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

5. User Content

(a) Certain features of the Website may permit you to upload, submit, and post content to the Website, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content") and to publish User Content on the Website. Company uses a variety of third-party social media websites, communication services, and media channels such as Instagram, TikTok, Facebook, YouTube, Pinterest, and others (collectively, "Social Media Accounts") to communicate and interact with our customers. Any content or materials submitted or posted to these Social Media Accounts will be considered User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Website or Social Media Accounts.

(b) These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

(c) Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

With respect to the User Content, you represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You have received all necessary permissions from other persons featured in the User Content before posting the User Content on the Website.
The User Content does not promote violence.
The User Content does not disclose personal information (i.e. another person's address, phone number, email, credit card number, etc.).
The User Content does not contain viruses, trojan horses, spyware, or other technologies
The User Content does not contain any visible logos, phrases, trademarks (aside from those on any of VICI's products displayed in the User Content) or other third party materials.
All of your User Content does and will comply with these Terms of Use.

(d) You agree that you need to evaluate, and bare all risks associated with the User Content you post on the Website. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

6. User Account

(a) To access the Website or some of the resources it offers, you will need to register for an account, which will require providing us with some information about yourself, such as your name, mailing address, and email address. You may also make purchases, which would involve providing us with billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to create a username and provide a password. Creating an account may also allow you to opt-in to Company's mobile messaging marketing platform described in more detail below. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(b) You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

(c) We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

7. Mobile Messaging Marketing

(a) Company offers a mobile messaging and email marketing program (the "Program"). The Program allows Users to receive SMS/MMS mobile messages and/or e-mail messages by affirmatively opting into the Program, such as through online enrollment forms at checkout, at the opt-in link in the footer of the Website, or through pop ups on our Website. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number and/or e-mail address associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Company's mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer").

(b) If you do not wish to continue participating in the Program or no longer agree to these terms and conditions, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, STOPALL, REVOKE, OPT-OUT, or QUIT to any mobile message from Company to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are reasonable methods of opting out The Company's text message platform (the "Platform") utilizes artificial intelligence to discern your choice to opt-out. While the Company endeavors to ensure the Platform recognizes your choices, you acknowledge that the Platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, STOPALL, REVOKE, OPT-OUT, or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Company and its service providers will have no liability for failing to honor such requests. To ensure you have opted-out, please wait for a confirmation message. If you do not receive a confirmation message within 24 hours, please reach out again to confirm.

(c) Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of any and all apparel, accessories, footwear, and/or any other items sold by Company. Messages may include checkout reminders.

(d) Message and data rates may apply. You agree to receive messages periodically at Company's discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Company.

(e) For support regarding the Program, text "HELP" to the number you received messages from or email VICI at customercare@vicicollection.com. Opt outs must be submitted in accordance with the procedures set forth above.

(f) The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

(g) The Program is offered on an "as-is" basis and may not be available in all areas and at all times, and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We are not liable for any delays or failures in your receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Company's control. Carriers and/or e-mail providers are not liable for delayed or undelivered mobile messages.

(h) You must have a wireless device of your own, capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

(i) You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent's or legal guardian's permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent's or legal guardian's permission to use or engage with the Platform, or are of age of majority in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction's applicable law to use and/or engage with the Platform.

(j) You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes: any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; pirated computer programs, viruses, worms, Trojan horses, or other harmful code; any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD VICI HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY VICI OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND/OR FEDERAL LAW, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM VICI ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED TO PARTICIPATE IN THE PLATFORM.

8. Links to Other Websites.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Product Information Payment Terms

(a) The prices displayed on the Website are quoted in U.S. dollars. The prices displayed on our Website may differ from prices available in stores, including pop-Up and Outlet locations. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email.

(b) We strive to display accurate price information. However, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing, product descriptions, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or errors in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order, to refuse or cancel any order whether or not the order has been confirmed and charged to your credit card. If your credit card has already been charged, we will issue a credit to your payment method in the amount of the charge. Additionally, if you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away.

(c) We strive to accurately display the colors of products on our Website but the actual colors you will see depend on your monitor or mobile device and may not be accurate.

(d) Your receipt of an order confirmation does not signify our acceptance of your order or a confirmation to sell. We reserve the right after you place your order to decline your order for any reason or supply less than the quantity you ordered of any item. We may further require additional verifications or information before accepting any order. You agree that, if we cancel all or a portion of your order (or if we provide you less than the quantity you ordered), your sole and exclusive remedy is either that (a) we will issue a credit to your payment method in the amount charged for the cancelled portion or the quantity not provided (if your payment method has already been charged for the order) or (b) we will not charge your payment method for the cancelled portion of the order or the quantity not provided.

(e) We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

(f) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept American Express, Mastercard, Visa, JBC, Diners Club, and Discover for all purchases. To ensure the safety of your purchase, debit or credit cards issued by local banks which do not carry one of these logos will not be accepted. We also utilize ShopPay, GooglePay, Venmo, Klarna, PayPal and Afterpay. Further, if you utilize PayPal, you can add funds to your PayPal account through any method and then use our single-click PayPal express checkout feature to complete your order. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by the applicable payment method source, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

10. Shipping and Delivery

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

11. Return and Exchange Policy

(a) We will accept returns and exchanges initiated within 15 days of delivery for U.S. customers only including these U.S. Territories (Samoa, Tonga, U.S. Outlying Islands, Micronesia, Northern Mariana Islands, Puerto Rico). Once your return is initiated by creating a return label, you’ll have 15 more days to drop off your return, giving you up to 30 days from the delivery date to complete the process. Items must be returned in the condition in which you received them and must be unworn and unwashed or will be subject to denial. Please ensure the contents of your return matches the return packing slip or QR code generated for your package. Do not include additional items not listed. VICI reserves the right to deny or refuse returns at our discretion and to modify or update this High Volume Return Policy at any time without prior notice.

(b) You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment.

(c) Certain items are ineligible for return or exchanges. Final sale items; last chance sale items, accessories (jewelry, hats, scarves, sunglasses, belts and handbags) as well as free items provided in BOGO or similar promotions cannot be returned or exchanged.

(d) VICI reserves the right to charge a restocking fee of $4.99 per item to customers that show high volumes of return activity, which is defined as: i) $3,000 of returns in a 12-month period, combined with a return rate of 80% or more or (ii) $1,500 of returns in a 6-month period, combined with a return rate of 80% or more. The return rate is calculated as the dollar amount of returns over the relevant period divided by the dollar amount of purchases over the same period. Customers who fall within the above criteria will be subject to a modified return policy, which may include but is not limited to, ineligibility for free return shipping, a restocking fee and/or refusal of returns.

(e) If you believe that you received a damaged or defective item, please contact our customer care team within 48 hours of receiving the damaged item so we can rectify it for you right away. VICI is not responsible for damages after purchase.

(f) If you receive store credit, it will be provided via an emailed E-Gift Card after your return has been accepted by either a return bar representative or a UPS carrier. Store Credit is calculated automatically to reflect any discounts and taxes at the time of purchase. This excludes the shipping charges paid on the order, as well as DDP and taxes for international customers.

12. VICI Loyalty Points.

(a) General Information: By creating an account with VICI, you can participate in VICI's loyalty point program, the VICI Social Club (the "Program"). After you have enrolled in the Program, you will have the opportunity to earn and/or receive Points, Tiers, Discounts, and Coupons (as defined below and collectively ("Incentives")). Incentives that you get through the Program are not your personal property and have no monetary value. You cannot obtain money in exchange for Incentives except as required by an applicable law. Your membership in the Program and any Incentive or other benefits you obtain are non-transferable. In any area where the Program is void due to law, VICI may elect to no longer offer the Program. Program membership and its benefits are offered at VICI's sole discretion. VICI may terminate the Program, or change, limit, modify, or cancel any Program rules, regulations, benefits or conditions of participation at any time. If VICI decides to terminate or discontinue the Program, any Incentives that are unused or remaining in your account will be forfeited, except as required by applicable laws.

Membership in the Program is open to individuals who are 16 years of age or older (as is legally required in your jurisdiction) at the time of enrollment. Membership is automatic with the creation of a User account. There is no cost to join the Program. Once enrolled in the Program, you will become a "VICI Member" and will be eligible to start earning points through purchases, following VICI on social media, and leaving reviews as detailed on our Rewards Page. Actions taken before you became a VICI Member enrolled in the Program do not earn Points (as defined below) unless expressly stated otherwise. Points will appear in your account seven (7) days after a purchase. Points earned for interactions (i.e. creating an account, providing your birthday, or subscribing to email/SMS) will be awarded as soon as the interaction is complete. Points earned for leaving reviews are awarded upon VICI's publication of the review on the Website, provided the review meets VICI's review guidelines. You are responsible for maintaining accurate and updated personal information for your user account, and may update your personal information pursuant to our Privacy Policy.

(b) Points: VICI Social Club Points ("Points") can be earned to change the Tier for a VICI Member. In the Friend Tier, you can earn Points by interacting with VICI, including: (1) through every dollar of Net Purchases on the Website, in store or at any VICI pop-up store and excluding VICI's outlet. ("Net Purchases" means your purchases less all shipping costs, sales tax, duties, returns, price adjustments, redeemed VICI Bucks, redeemed gift cards, and other promotional dollars off or discounts); (2) by creating a user account; and (3) subscribing to email & SMS lists via the Rewards Page. The number of Points you may earn may vary depending upon the purchase, interaction or other Point-earning activity. Please view the Rewards Page of the Website for more information. VICI reserves the right in its sole discretion, at any time during the duration of the Program, to delete any or all means to earn Points and/or limit the number of Points a Member may earn, and/or to award no Points.

After reaching the Trendsetter Tier or higher, in addition to the ways you can earn Points under the Friend Tier, you can also earn Points by: (a) telling VICI your birthday via the Rewards Page; (b) leaving reviews for products you have purchased from VICI (points for reviews can only be earned once every seven (7) days (starting from the day you last submitted a review); and (c) following VICI on designated social media channels. The amount of points you can earn is detailed on our Rewards Page. You may need to link your social media account(s) to earn Points. For Points due to purchases, Points will not appear until seven (7) days after your purchase. Any products returned for store credit will not impact your Points earned. However, any cancellation or return for a refund to the original form of payment will result in a deduction of Points from your account. VICI gift cards, VICI Bucks, store credit, or coupons used to make purchases will not count towards Points earned. Points are utilized only to determine the VICI Member's Tier and Tier benefits.

(c) Tiers: The Program offers four Tiers: (1) Friend: The VICI Member has 99 or fewer current Points; (2) Trendsetter: The VICI Member has between 100 and 249 active Points; (2) Insider: the VICI Member has between 250 and 499 active Points; and (3) Icon: the VICI Member has 500 or more active Points. What you receive for each Tier is listed on our Rewards Page. A VICI Member's Tier determines how many avenues that the VICI Member has to earn points.

The Friend Tier will not receive any Discounts, Coupons or special promotional events until they have reached a new Tier. VICI reserves the right to modify the benefits for each Tier at any time by modifying these terms. Benefits may include, but are not limited to Discounts, Coupons, rewards, or promotions.

(d) Tier Renewal and Termination: To maintain a Tier, in the twelve (12) months from attaining that Tier you must obtain the same qualifying amount of points for that Tier. The start date of the twelve (12) months will be the date that you attained the Tier. At the end of the twelve (12) month period, you will be awarded the Tier that you have qualified for.

For instance, if a VICI Member obtains the Insider Tier on October 2, then that VICI Member would need to earn another 250 points before October 3 of the following year to maintain the Insider Tier status.
If a VICI Member obtains the Insider Tier on June 20, and then only earned 200 Points over the next twelve (12) months, then on June 21 of the following year, the VICI Member would be moved to the Trendsetter Tier.

(e) Point Expiration: Points expire either when your participation in the Program ends or after a VICI Member has been deemed "Inactive, " whichever is earlier. A VICI Member shall be deemed "Inactive" in the event that the VICI Member has not earned any Points within twelve (12) months. For example, if a VICI Member makes a purchase on August 23 and no additional purchase is made by 11:59 PM, Pacific time on August 23 of the next year, all earned points will expire. On the date that your Points expire, you will be moved down to the Friend Tier. VICI reserves the right to change the expiration date of Points received under the Program.

(f) VICI Member Discount: VICI Members of the Trendsetter Tier or higher may receive a discount of between 20%-30% based on Tier (a "Discount") and as listed on our Rewards Page. The Discount may be combined with other VICI promotions, coupons, or offerings as permitted by VICI.

(g) Coupons: The Program may intermittently provide VICI Members of the Trendsetter Tier or higher with one-time coupon codes ("Coupons"). VICI Members reaching the Trendsetter Tier or higher may receive Coupons (as described on our Rewards page): (1) once after ranking up to a new Tier expiring thirty (30) days after obtaining the new Tier, and (2) once per year on VICI Member's birthday, expiring seven (7) days after delivery. The amount of any Coupon may vary based on Tier and type of Coupon. VICI reserves the right to revise the Coupons provided to VICI Members at any time by modifying these terms (though any Coupons which have been issued shall be redeemable until their expiry date). Coupons are subject to any other specific terms and conditions presented to the VICI Member. If the price of products that you wish to purchase is less than the value of the Coupon, the remaining value of the coupon is forfeited. Coupons will not be reissued if or when you return products to us. This is because Coupons have no cash value and can only be used once.

(h) VICI Bucks: The Program may intermittently provide VICI Members with "VICI Bucks" which are electronic vouchers that VICI Members can use towards their purchases on the Website, in store or at any VICI pop-up store and excluding VICI's outlet. VICI Bucks may contain restrictions on their usage. Any restrictions on VICI Bucks, as well as expiration dates, shall be included within the email in which the VICI Bucks are awarded. VICI Bucks are unique to the VICI Member's account and cannot be transferred or exchanged. VICI Bucks can only be used for the costs of products and taxes. VICI Bucks cannot be applied to shipping costs or the purchase of gift cards.

(i) By collecting Incentives, You acknowledge that you have obtained a limited license to a digital product. Incentives may be revoked at any time by VICI as set forth in these Terms.

(j) VICI reserves the right to bar VICI Members from the Program in the event that VICI, in its sole discretion, believes that the VICI Member has been abusing the Program (including by failing to follow Program policies and procedures).

(k) The Program is offered only to individuals.

(l) BY PARTICIPATING IN THE PROGRAM, EACH VICI MEMBER HEREBY RELEASES VICI, VICI'S SUBSIDIARIES, VICI'S AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ("RELEASED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES) RELATING TO THAT VICI MEMBER'S PARTICIPATION IN THE PROGRAM, USE OF INCENTIVES, OR AGREEMENT TO THESE TERMS. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM AND/OR INCENTIVES OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Disclaimer of Warranties

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT COMPANY SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

14. Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF USE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

COMPANY'S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH COMPANY'S WEBSITE.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

16. Dispute Resolution and Binding Arbitration

YOU AND VICI ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(a) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules"). The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(b) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR VICI, WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

17. General Provisions

(a) No Waivers. The failure by us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of VICI.

(b) No Third-Party Beneficiaries. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.

(c) Severability. If any provision of these Terms of Use is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.

(d) Governing Law and Jurisdiction. This Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

(e) Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and VICI regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

VICI COLLECTION LLC TERMS OF USE

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