Effective Date: June 23, 2026 

Welcome to Sandbox VR. Please read on to learn the rules and restrictions that govern your use of our website(s), services and applications, including, without limitation, any request to receive information about, or to purchase any of the experiences made available through our website(s) (collectively, the “Services”). Your purchase of any Services will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

• Email: [email protected]

• Address: 4695 Chabot Drive, 200, Pleasanton, CA 94588

These Terms of Service (the “Terms”) are a binding contract between you and SANDBOX VR, INC. (“Sandbox VR,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. You understand that by using the website and Services, you are agreeing to be bound by the Privacy Policy. 

THESE TERMS CONTAIN A BINDING (EXCEPT IF YOU RESIDE IN THE PROVINCE OF QUEBEC) ARBITRATION PROVISION AND CLASS ACTION WAIVER. YOU AGREE THAT, EXCEPT   FOR   CERTAIN   TYPES   OF   DISPUTES   DESCRIBED   BELOW AND EXCEPT AS PROHIBITED BY APPLICABLE LAW (WHICH INCLUDES THE LAWS OF THE PROVINCE OF QUEBEC),   ALL   DISPUTES BETWEEN YOU AND SANDBOX VR  WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE (EXCEPT IF YOU RESIDE IN THE PROVINCE OF QUEBEC) ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION” BELOW TO LEARN MORE.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services you obtain for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law.

As part of the Services, and in accordance with our Privacy Policy, you may receive communications through the Services, including messages that Sandbox VR sends you (for example, via email or SMS). 

These Sandbox VR SMS Program Terms (“SMS Terms”) are incorporated into the Sandbox VR Terms available at [https://www.sandboxvr.com/terms](https://www.sandboxvr.com/terms) (the “Agreement”).

BY SIGNING UP FOR A SANDBOX VR SMS PROGRAM, YOU AGREE TO THE SMS TERMS AND THE AGREEMENT. You also agree to receive future SMS marketing and transactional messages from Sandbox VR. THE AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER; WHICH MAY LIMIT YOUR ABILITY TO BRING CERTAIN CLAIMS AGAINST SANDBOX VR OR BRING AN ACTION IN COURT. THE AGREEMENT ALSO CONTAINS PROVISIONS THAT LIMIT SANDBOX VR'S LIABILITY TO YOU.

Text JOIN to 40918 to opt-in or complete our Sandbox VIP form online. By signing up for text offers, you agree to receive reoccurring automated marketing text messages from Sandbox VR at the number you provide. Texts may be made via an automated system for selection or dialing of telephone numbers. Consent to opt into receiving text offers is not a condition of any purchase. Text HELP for help and STOP to cancel. Message frequency varies. Message and data rates may apply. See Terms of Use and Privacy Policy for more details.

At any time, you may text STOP to 40918 to stop receiving SMS messages from us. You will receive an opt-out confirmation message when you do so.

You may also text HELP to 40918 to receive additional information about the Sandbox VR SMS program.

By signing up for an SMS program, you represent and warrant to Sandbox VR that you:

• Agree to these SMS Terms and the Agreement (including the binding arbitration, limitation of liability, and class action waivers therein), and that nothing precludes you from doing so;

• Are a natural person over eighteen (18) years of age;

• Reside in the United States of America; and

• Have read and understood our Privacy Policy, which describes how we use your information.

CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES.

Compatible carriers include: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and many others.

For additional information:

• Text: HELP to 40918

• Email: [email protected]

• Call: 1-888-499-SBVR

By participating in any of our mobile programs, you agree to receive recurring automated marketing phone calls and text messages at the phone number you provided at opt-in. Phone calls made and text messages sent to your mobile device may be generated using an automated system for the selection or dialing of telephone numbers. Message frequency will vary. Your consent to receive marketing messages via phone or text is not a condition of any purchase. You agree to notify Sandbox VR at the Contact Us information below if you change or disconnect your mobile phone number. Message and data rates may apply and are billed by and payable to your mobile service provider. Delivery of messages is subject to the effective transmission by your mobile service provider and any policies or terms established by your mobile service provider. For SMS messages, text HELP for help and STOP to opt-out. Additionally, you may cancel general promotional messages from Sandbox VR by texting STOP to 40918.

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

This Privacy Policy and Sandbox VR’s Terms of Use apply to the SMS Privacy Policy and are subject to change.

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

1. infringes or violates the intellectual property rights or any other rights of anyone else (including Sandbox VR);

2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Sandbox VR;

3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

4. attempts, in any manner, to obtain the password, account, or other security information from any other user;

5. violates the security of any computer network, or cracks any passwords or security encryption codes;

6. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

7. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

8. copies or stores any significant portion of the Content; or

9. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you: (i) without the prior consent of the owner of that Content; or (ii) in a way that violates someone else’s (including Sandbox VR's) rights.

Subject to these Terms and any specific licenses to certain types of User Submissions, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Sandbox VR owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.

USER SUBMISSIONS

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) violate any law.

LICENSES

In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally identifiable information.

For all User Submissions, you hereby grant Sandbox VR a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Sandbox VR account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Sandbox VR the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.

If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Sandbox VR the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Sandbox VR the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Sandbox VR users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Sandbox VR'S business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Sandbox VR to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that Sandbox VR, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Sandbox VR. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Sandbox VR is not responsible for such risks.

Sandbox VR has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Sandbox VR will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Sandbox VR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this website or Services, or between users and any third party, you agree that Sandbox VR is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Sandbox VR, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

We try to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Services are offered at the prices set forth on our paid experiences page https://sandboxvr.com/booking, and you may choose to purchase the experiences through the https://sandboxvr.com website. Sandbox VR may limit or cancel quantities of the experiences purchased, and it reserves the right to refuse any order. In the event Sandbox VR needs to make a change to an order, it will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in local currency and are valid only in the corresponding local country. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. Sandbox VR is required by law to apply sales tax to orders to certain jurisdictions, include certain states. Any payment terms presented to you in the process of purchasing the experiences are deemed part of these Terms.

Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

1. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Adyen, Checkout Ltd (Checkout.com), Stripe, Inc. (“Stripe”), or Square as our Payment Processor, depending on the purchaser’s location. You can access Square’s Terms of Service at https://squareup.com/us/en/legal/general/ua and their Privacy Policy at https://squareup.com/us/en/legal/general/privacy. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. You can access Adyen's Terms of Service at https://www.adyen.com/legal/adyen-terms-and-conditions and their Privacy Policy at https://www.adyen.com/privacy-policy. You can access Checkout.com's Terms of Service at https://www.checkout.com/legal/terms-and-policies and their Privacy Policy at https://www.checkout.com/legal/privacy-policy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any such Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

2. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

3. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE.

4. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges, including during or at the end of each billing cycle.

5. Free Trials and Other Promotions. Any free trial or other promotion that provides access to free Services.

Sandbox VR offers two Unlimited Membership Pass options: a 3-Month Pass and a 6-Month Pass, each providing unlimited weekday play and exclusive member benefits at participating locations. Sandbox VR may also offer a limited-time Unlimited Summer Pass at participating locations. The Unlimited Summer Pass provides unlimited weekday play and select member benefits for a fixed promotional period and is subject to the terms described herein.

The Unlimited Membership Pass is available only at participating Sandbox VR locations in Chicago, Austin, Dallas, Fort Worth, Atlanta and Murray. Sandbox VR may expand or reduce participating locations from time to time.

The Unlimited Summer Pass is available only at participating U.S. Sandbox VR locations in Cerritos (Los Angeles), CA; Culver City (Los Angeles), CA; Woodland Hills (Los Angeles), CA; Mission Valley (San Diego), CA; Emeryville (San Francisco), CA; San Francisco, CA; San Mateo, CA; San Ramon, CA; Lone Tree, CO; Atlanta, GA; Lincoln Common (Chicago), IL; Oakbrook (Chicago), IL; Indianapolis, IN; Leawood, KS; Louisville, KY; Eden Prairie, MN; Roseville, MN; St. Louis, MO; Westlake, OH; Dublin, OH; Pittsburgh, PA; Dallas, TX; Fort Worth, TX; Austin, TX; San Antonio, TX; Murray, UT; Tysons (McLean), VA; South Lake Union (Seattle), WA; Totem Lake (Kirkland), WA; and Las Vegas (Miracle Mile), NV and Las Vegas (Grand Canal), NV (where the pass may be used but not purchased).

The Unlimited Summer Pass is not available for purchase or use at Gilbert, AZ, San Jose (Santa Clara), CA; Fresno, CA; Sacramento, CA; Denver, CO; St. Petersburg, FL; Fort Myers, FL; Miami, FL; Orlando, FL; Alpharetta, GA; Savannah, GA; Baltimore, MD; Ann Arbor, MI; Royal Oak, MI; Las Vegas (Town Square), NV; Paramus, NJ; Woodbridge, NJ; Liberty Township, OH; Philadelphia, PA; Houston, TX; Richmond, VA; Virginia Beach, VA; or Washington, DC (CityCenterDC). Sandbox VR may add or remove participating locations at any time in its sole discretion.

Terms & Conditions

These Terms & Conditions (“Terms”) govern the Unlimited Weekday Play Subscription (“Subscription”) offered by Sandbox VR, Inc. and its subsidiaries and affiliates (“Company,” “we,” or “us”). By enrolling in the Subscription, you (“you” or “Subscriber”) agree to these Terms.

Key Terms Summary

The 3-Month Pass, 6-Month Pass and Unlimited Summer Pass include unlimited weekday play (Monday – Friday), one free guest per session (subject to availability), 20% off parties & events of $450+ and 15% off food & beverage purchases (available in-store only).

1. Program Overview

a. The Subscription for both passes provides unlimited weekday play (Monday through Friday) during regular business hours at the participating Sandbox VR locations.

b. Subscribers may have up to two (2) active sessions at any time. Only subscribers with either the 3-Month Pass or 6-Month Pass may bring one (1) guest free of charge per session, subject to store availability, capacity, and operating hours.

i. Single-player bookings (one participant only) may only be made in existing public sessions. Sandbox VR will not create a private session for a single player under this Subscription.

ii. Bookings of two or more players (at least one additional paid ticket) may be placed in either a public or private session, subject to availability.

d. For purposes of these Terms, the “Summer Pass Term” means the three (3) month period beginning on the date an Unlimited Summer Pass is purchased. The applicable expiration date will be displayed at the time of purchase. e. Unlimited Summer Pass: $150.00 upfront (plus applicable taxes and fees). Valid for three (3) months from the date of purchase. Includes unlimited weekday play (Monday – Friday), one free guest per session (subject to availability), 20% off eligible Parties & Events bookings of $450 or more, and 15% off food and beverage purchases. The Unlimited Summer Pass does not automatically renew.

e. Unlimited Summer Pass: $150.00 upfront (plus applicable taxes and fees). Valid for three (3) months from the date of purchase. Includes unlimited weekday play (Monday – Friday), one free guest per session (subject to availability), 20% off eligible Parties & Events bookings of $450 or more, and 15% off food and beverage purchases. The Unlimited Summer Pass does not automatically renew.

f. The Unlimited Membership Pass is available in two options:

6-Month Pass: $54.99/month (plus taxes and fees), six-month minimum commitment.

3-Month Pass: $64.99/month (plus taxes and fees), cancel anytime.

Both options also include 20% off Parties & Events bookings of $450 or more, and 15% off food and beverage purchases.

2. Billing & Commitment

a. Six-Month Pass Billing

Upon enrollment, you authorize Sandbox VR to automatically charge your selected payment method $54.99 plus applicable taxes and fees each month for six (6) consecutive months. You are committing to six (6) consecutive monthly payments, and cancellations prior to completion of the six-month term are not permitted. Your first monthly payment will be charged on the enrollment date and will cover your first month of access. Subsequent monthly payments will be automatically charged each month on the same calendar date as your initial enrollment (or the closest available date if that day does not exist in a given month). After the six-month commitment term ends, your Subscription will automatically renew on a month-to-month basis at the then-current rate unless you cancel in accordance with Section 6. If you elect to upgrade a Sandbox VR ticket to a 6-Month Pass under Section 12, the ticket value may be applied to your first month’s fee as described therein.

b. Three-Month Pass Billing

Upon enrollment, you authorize Sandbox VR to automatically charge your selected payment method $64.99 plus applicable taxes and fees each month for three (3) consecutive months. You are committing to three (3) consecutive monthly payments, and cancellations prior to completion of the three-month term are not permitted. Your first monthly payment will be charged on the enrollment date and will cover your first month of access. Subsequent monthly payments will be automatically charged each month on the same calendar date as your initial enrollment (or the closest available date if that day does not exist in a given month). After the three-month commitment term ends, your Subscription will automatically renew on a month-to-month basis at the then-current rate unless you cancel in accordance with Section 6. If you elect to upgrade a Sandbox VR ticket to a three-Month Pass under Section 12, the ticket value may be applied to your first month’s fee as described therein.

c. Unlimited Summer Pass Billing

Upon enrollment, you authorize Sandbox VR to charge a one-time fee of $150.00 plus applicable taxes and fees. The Unlimited Summer Pass provides access for three (3) months from the date of purchase. The Unlimited Summer Pass does not automatically renew and no additional charges will be made unless you separately purchase another product or membership offering.

3. Payment Authorization

By providing a payment method, you:

a. Represent that you are authorized to use that payment method;

b. Authorize Sandbox VR to charge the applicable monthly fee for your selected Pass ($54.99 or $64.99, plus applicable taxes and fees) to that method for the duration of your commitment and any automatic renewals thereafter; and

c. For the Summer Unlimited Pass, you authorize Sandbox VR to charge a one-time purchase price of $150.00 plus applicable taxes and fees.

d. Acknowledge that payments are processed by a third-party payment processor.

e. Sandbox VR gift cards may not be used to purchase any Unlimited Membership Pass, Unlimited Summer Pass, or other membership product unless expressly authorized by Sandbox VR.

4. Renewal Terms

For Subscribers on either the 3-Month Pass or 6-Month Pass, your Subscription will automatically renew on a month-to-month basis at the then-current monthly rate after the completion of your initial three (3) or six (6)-month commitment period, unless you cancel in accordance with Section 6.

Sandbox VR reserves the right to modify the renewal rate or terms with advance notice in accordance with applicable law.

The Unlimited Summer Pass does not automatically renew and expires three (3) months after the date of purchase.

5. Price Changes

Sandbox VR may change the monthly fee for any Pass type upon at least thirty (30) days’ advance notice, or a longer period if required by law. If you do not agree to the new price, you may cancel at the end of your current billing cycle before the new rate takes effect.

6. Cancellation Policy

a. Commitment Period (6-Month Pass):

You may submit a cancellation request at any time; however, your Subscription will remain active through the end of your initial six (6)-month commitment period. Cancellations will not take effect until all six (6) consecutive monthly payments have been completed. After the six-month term ends, you may cancel at any time in accordance with Section 6 (c), and cancellation will take effect at the end of your current billing cycle.

b. Commitment Period (3-Month Pass):

You may submit a cancellation request at any time; however, your Subscription will remain active through the end of your initial three (3)-month commitment period. Cancellations will not take effect until all three (3) consecutive monthly payments have been completed. After the three-month term ends, you may cancel at any time in accordance with Section 6 (c), and cancellation will take effect at the end of your current billing cycle.

c. Unlimited Summer Pass:

The Unlimited Summer Pass is non-cancelable. Once purchased, the Unlimited Summer Pass remains active for three (3) months from the date of purchase and may not be canceled for a refund or credit except where required by applicable law.

d. Notice Period:

To ensure your cancellation is processed before your next scheduled billing date, please submit your request at least 48 hours before the date. If a request is submitted later than that, the next charge may already be in process and may still be processed, and your cancellation will take effect at the end of that billing cycle.

e. Effective Date:

Cancellations take effect at the end of your current billing cycle. You will continue to have access until the end of that period, and no prorated refunds will be issued.

f. Confirmation:

A cancellation confirmation will be sent by email.

g. Universal Online Cancellation:

All members — whether enrolled online or in store — may cancel their Subscription online regardless of their state of residence.

7. Renewal Notice

a. Six-Month Pass: We will send an automatic reminder notice at least thirty (30) days before your Subscription renews following the initial six (6)-month commitment term.

b. Three-Month Pass: We will send an automatic reminder notice at least thirty (30) days before your Subscription renews following the initial three (3)-month commitment term.

c. Each notice will include, as applicable, the renewal date, current rate (or new rate), and instructions on how to cancel prior to renewal.

d. Where applicable, renewal and price-change notices for gifted Subscriptions will be sent to both you and the Gift Purchaser as the paying party.

8. Refunds

All payments are non-refundable and Sandbox VR does not provide prorated or partial refunds for unused periods, except:

• Where required by applicable law; or

• In cases of verified technical issues or other extenuating circumstances, as determined at Sandbox VR’s sole discretion.

• Any unused portion of a ticket value applied toward an upgraded 3-Month Pass or 6-Month Pass under Section 12 is forfeited and non-refundable.

• Purchase of the Unlimited Summer Pass are non-refundable and may not be canceled for a refund, except where required by applicable law.

9. Restrictions & Conditions of Use

a. Except for permitted use by a Subscriber’s minor child as described below, Subscription benefits are personal to the Subscriber and may not be shared, transferred, or resold.

b. Use by Minors: Subscribers must be at least eighteen (18) years old. A Subscriber may permit their minor child to use the Subscription benefits, provided the minor is accompanied and checked in by a parent or legal guardian. If the Subscriber is not present, another parent or legal guardian may accompany and check in the minor by providing the Subscriber’s email address and either a photo or copy of the Subscriber’s government-issued photo ID or the minor’s valid student ID. Minors may not check themselves in without a parent or legal guardian present.

c. Subscribers may book up to two (2) sessions per day. Only Subscribers with either the 3-Month Pass or 6-Month Pass may bring one (1) guest free of charge per session, subject to store availability, capacity, and operating hours.

d. Single-player bookings are limited to existing public sessions; a minimum of two players (including at least one paid ticket) is required for a private session.

e. Valid only Monday through Friday during regular business hours. Excludes weekends, holidays, special events, and blackout dates (posted on our website in advance). Sandbox Socials are considered special events and are not included with any Unlimited Membership Pass or Unlimited Summer Pass. Members must purchase admission to Sandbox Socials at the applicable event price, currently $25 per person.

f. Misuse of the Subscription may result in suspension or termination without refund.

g. Subscribers who repeatedly fail to attend reserved sessions without canceling in advance may be subject to suspension or termination of their Subscription or Unlimited Summer Pass, including revocation of membership benefits, at Sandbox VR’s sole discretion and without refund.

h. Subscribers enrolled in the 3-Month Pass, 6-Month Pass, or Unlimited Summer Pass may not transfer, resell, or share their benefits. The Unlimited Summer Pass may not be converted into another membership product and expires automatically three (3) months after the date of purchase.

i. Subscribers enrolled in either the 3-Month Pass or 6-Month Pass may not change, pause, or switch to another plan until the commitment period ends. 3-Month Pass holders may cancel at any time but may not downgrade or convert to a 6-Month Pass until the start of a new billing cycle.

j. Subscribers receive 20% off eligible party and event bookings of $450 or more and 15% off food and beverage purchases, valid only at participating Sandbox VR locations.

k. Subscription upgrades under Section 12 may not be transferred, combined across multiple tickets.

10. Changes to the Program

Sandbox VR may modify, suspend, or discontinue the Subscription (including pricing, benefits, or terms) by providing at least thirty (30) days’ prior notice, or a longer period if required by applicable law. No change will shorten any legally mandated notice period.

11. Compliance with Laws

These Terms are intended to comply with applicable automatic renewal, subscription, and consumer protection laws in all states where the Subscription is offered. If any provision is deemed inconsistent, it will be modified to the extent necessary to comply.

12. Ticket-to-Membership Upgrade Option

a. Overview: Sandbox VR may allow guests to apply the value of an in-store Sandbox VR experience ticket toward the purchase of either the 3-Month Pass or 6-Month Pass (“Upgrade Option”). This Upgrade Option is available only at participating locations.

b. Eligibility and Time Limit: To qualify, the guest must have checked in for their experience and must complete the upgrade within forty-eight (48) hours of the check-in time associated with that ticket. Upgrades attempted after this period are not eligible.

c. Application of Ticket Value: Guests may apply the value of one (1) ticket per membership toward the first month’s fee of either the 3-Month Pass or 6-Month Pass.

i. If the ticket value exceeds the first month’s subscription fee, the unused portion is forfeited and is non-refundable.

ii. Ticket values may not be combined, stacked, transferred, or applied across multiple memberships.

iii. The Upgrade Option may be redeemed as many times as there are valid tickets in the original booking (e.g., four tickets allow up to four separate upgrades), but only one ticket value may be applied to each membership.

d. Eligible Ticket Types: Both weekday and weekend tickets qualify for the Upgrade Option, even though Subscription benefits apply only Monday through Friday.

e. Billing and Renewal: By completing an upgrade, the guest agrees to the billing, commitment, and renewal terms applicable to the 6-Month Pass as described in Sections 2, 3, and 4. The upgraded membership begins immediately upon enrollment and follows the standard three-month or six-month commitment period and renewal structure.

f. Refunds: Upgrades are non-refundable. No credits, refunds, or carryover value will be issued for any forfeited portion of a ticket value or for any unused Subscription benefits.

g. Restrictions: Sandbox VR may modify or discontinue the Upgrade Option at any time in accordance with Section 10. Misuse of the Upgrade Option may result in suspension or termination of membership without refund.

13. Gifting Memberships

a. Overview: Sandbox VR may allow a purchaser (“Gift Purchaser”) to buy a Subscription for use by another individual (“Gift Recipient”). Gifted Subscriptions may be offered for the 3-Month Pass or the 6-Month Pass at participating locations.

b. Activation and Acceptance of Terms: The Gift Recipient will receive an email invitation to activate the Subscription. Upon activation, the Gift Recipient becomes the Subscriber for purposes of these Terms and is deemed to have accepted and agreed to all Subscription terms and conditions.

c. Billing and Auto-Renewal: If the Gift Purchaser selects the optional Auto Renew feature at checkout, the Gift Purchaser authorizes Sandbox VR to charge their payment method for all recurring monthly fees associated with the gifted Subscription until canceled in accordance with Section 6. The Gift Purchaser remains financially responsible for all subscription charges unless and until Auto Renew is disabled.

d. Cancellation of Gifted Memberships: The Gift Purchaser may disable Auto Renew at any time, which will prevent future billing after the end of the current billing cycle. The Gift Recipient may cancel the Subscription in accordance with Section 6; however, cancellation does not entitle either party to a refund for any period already paid. No prorated refunds or transfers of remaining value are permitted.

e. Non-Transferability: Once activated by the Gift Recipient, the Subscription and its benefits are personal to the Gift Recipient and may not be transferred, assigned, or shared.

f. Limitations: Gifted Subscriptions are subject to the same restrictions, benefits, blackout dates, and usage conditions applicable to all Subscribers under these Terms.

14. Contact Information

For questions, billing issues, or cancellation requests:

Sandbox VR, Inc.

4695 Chabot Drive, 200, Pleasanton, CA 94588

[email protected]

Upfront Membership Purchase Option:

Sandbox VR may offer certain membership products, including the Unlimited Summer Pass, for purchase through third-party payment providers such as Klarna. While a customer may elect to finance the purchase through such providers, the membership itself is deemed paid in full at the time of purchase. The Unlimited Summer Pass does not automatically renew and expires three (3) months after the date of purchase.

THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW.

Please read these rules (the “Rules”) before entering this Contest. By participating in this Contest, you agree to be bound by these Rules.

The Deadwood Valley Contest (the “Contest”) is sponsored and administered by Sandbox VR, Inc. (“Sandbox” or “Sponsor”).

The Contest is open only to persons (each, a “Participant”) who: (i) are legal residents and are physically located and reside in a jurisdiction in which this type of contest is permitted; (ii) at the time of participation, must have purchased a valid ticket for entry into the Contest event (the “Event”); and (iii) are at least eighteen (18) years of age, or have reached the age of majority in his or her jurisdiction of residence at the time of entry, whichever is greater. Employees of Sponsor and its parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Contest. This Contest is void where prohibited by law.

Participants must register and compete as part of a team of four (4) eligible Participants (each, a “Team”). Teams must be formed and confirmed prior to participation in the Event, and no substitution of Team members will be permitted after the Team has commenced gameplay, except at Sponsor’s sole discretion.

Sponsor may conduct a background check to confirm the eligibility of any Winner (defined below) of the Contest and compliance with these Rules. By entering, you agree to cooperate reasonably with any such background check. If a background check reveals that a Winner is not in compliance with the requirements hereunder or has engaged in conduct that could damage the reputation or business of the Sponsor, as determined by Sponsor in its sole and absolute discretion, the Winner may be disqualified and the respective Prize (defined below) may be awarded to the runners-up of such Winner, or forfeited, at Sponsor’s discretion.

The Contest will take place at Sponsor’s Sandbox VR location in Atlanta, Georgia on April 24, 2026 (the “Event Date”), during designated event hours as determined by Sponsor (the “Contest Period”). The Contest is governed by these Rules and is subject to all applicable federal, state, and local laws.

Participants may enter only as part of a Team and by participating in the Deadwood Valley shooting game (the “Game”) at a participating Sandbox location. The Contest is a skill-based competition in which outcomes are determined predominantly by the Participants’ performance, including reaction time, coordination, accuracy, and strategic gameplay within the Game. The winner of the Contest shall be the team with the highest score in the Game during the Contest Period.

Participation in the Contest is subject to Sponsor’s venue rules, safety requirements, and instructions provided by on-site personnel. Sponsor reserves the right to refuse participation to, or remove, any Participant or Team that is late, fails to comply with event requirements, or engages in unsafe, disruptive, or unsportsmanlike conduct, without refund.

Participation in the Contest involves physical movement and use of virtual reality equipment. By participating, each Participant acknowledges and assumes all risks associated with such activities, including risk of personal injury, motion sickness, or other physical effects, and represents that they are physically able to safely participate.

By participating in the Contest, you grant Sandbox the right, in its sole discretion, to display, copy, combine, compile, distribute, and disseminate any recordings or other materials created in connection with your participation in the Contest.

There is no limit to the number of entries by a Participant or Team. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY PARTICIPANT OR TEAM THAT: (I) VIOLATES THESE RULES OR THE OFFICIAL GAMEPLAY RULES; (II) ENGAGES IN CHEATING, TAMPERING, HACKING, OR OTHER MANIPULATION OF THE GAME OR CONTEST, INCLUDING ANY INTENTIONAL INTERFERENCE WITH OR DAMAGE TO EQUIPMENT USED IN CONNECTION WITH THE GAME; (III) USES UNAUTHORIZED EQUIPMENT OR METHODS; (IV) PROVIDES FALSE OR MISLEADING INFORMATION; (V) ENGAGES IN CONDUCT THAT IS FRAUDULENT, UNSPORTSMANLIKE, DISRUPTIVE, OR OTHERWISE DAMAGES OR COULD REASONABLY DAMAGE THE INTEGRITY OR REPUTATION OF THE CONTEST OR SPONSOR; OR (VI) FAILS TO MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE RULES. SPONSOR’S DETERMINATIONS SHALL BE FINAL AND BINDING.

Sponsor does not guarantee uninterrupted or error-free gameplay. Gameplay sessions may be affected by power outages, hardware or software malfunctions, connectivity issues, or other technical disruptions. In the event a Participant’s gameplay session is interrupted, corrupted, or terminated for any reason, including technical failure or system malfunction, Sponsor shall have no obligation to restore, reconstruct, or credit any score, and no Participant shall be entitled to compensation, damages, or automatic replay. Any replay opportunities or session credits shall be governed solely by Sponsor’s standard terms of service and venue policies, as applicable. Only scores that are fully completed and officially recorded in Sponsor’s systems during the Contest Period and verified pursuant to these Rules shall be eligible for consideration.

Upon completion of the Contest, the Team with the highest Game score will be declared the winner (the “Winner”). If multiple teams are tied for the highest verified score, then the winner of the Contest will be the first Team that achieved such score.

The following prizes will be awarded (each, a “Prize”):

• First Place Team: $10,000 total (to be awarded as $2,500 per individual Team Member);

• Second Place Team: $800 total (to be awarded as $200 per individual Team Member); and

• Third Place Team: $400 total (to be awarded as $100 per individual Team Member).

Sponsor shall use commercially reasonable efforts to pay the Prize within thirty (30) days following verification of the Winner and receipt of all required documentation.

Each individual member of a winning Team is solely responsible for any taxes associated with their respective portion of a Prize. Sponsor may require each Team member to submit applicable tax documentation (including IRS Form W-9) prior to distribution of any Prize, and may issue IRS Form 1099 (or equivalent) to each such individual.

All scores are subject to verification by Sponsor. Sponsor reserves the right, in its sole discretion, to review gameplay data, logs, recordings, and other relevant materials to verify the legitimacy of any score. Sponsor may disqualify any Participant or Team and void any score that Sponsor determines resulted from: (i) technical malfunction, hardware or software error, or connectivity failure; (ii) tampering, hacking, or manipulation of the Game or related systems; (iii) use of unauthorized equipment or methods; or (iv) violation of these Rules or the official gameplay rules of the Game. Sponsor’s determinations regarding score validity shall be final and binding. All determinations regarding technical malfunctions, gameplay interruptions or score validity shall be made by Sponsor in its sole and absolute discretion. Once a gameplay session has concluded and the Team has exited the designated play area, all recorded scores shall be deemed final an no appeals or challenges will be permitted.

Each Prize is non-transferable, with no additional cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All Prize details not specified in these Rules will be determined in Sponsor’s sole and absolute discretion. Despite Sponsor's good faith efforts, the Prizes as contemplated herein may be canceled due to circumstances beyond Sponsor's control or due to budgetary or other restraints which will cause the Prizes to be unreasonably costly or difficult to execute. Sponsor reserves the right to substitute any Prize with a prize of comparable or greater value in its sole and absolute discretion.

The Winners will be solely responsible for all federal, state, provincial, and/or local taxes according to the laws and regulations applicable in such Winner’s residence, and for any other fees, costs and other arrangements associated with the Prizes which are not explicitly provided by Sponsor as set forth herein. Before a Prize is awarded, its respective Winner may be required to provide Sponsor with a tax identification number or such other identification details as is necessary for tax reporting purposes. An IRS Form 1099 or equivalent may be issued in the name of each Winner for the actual value of the Prize received.

Winners may be required to respond to communication from the Sponsor and to cooperate with Sponsor’s requests for additional information and as a condition of receiving a Prize, each Winner may be required to execute an affidavit of eligibility, liability and publicity release, and provide required tax documentation. In the event a Winner fails within any indicated time period to: (i) respond to any notification or communication of Sponsor; (ii) claim and collect his or her Prize; (iii) comply with any request for additional information; or (iv) cooperate with a background check or otherwise confirm eligibility, the Winner may be disqualified from the Contest in Sponsor’s sole discretion and an alternate Winner may be determined using the same process as described in these Rules. Sponsor reserves the right to modify the notification procedures in connection with the selection of alternate Winner, if any.

Except where prohibited by law, your acceptance of an invitation to attend the Contest constitutes your agreement and consent for Sponsor or any of its designees to use and/or publish your name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by you regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Upon Sponsor’s request, each Participant must be prepared to provide (within the timelines specified at the time such request is made by Sponsor) a signed release or consent form from any person who appears, and/or owner of any property featured or displayed during participation in the Contest, as requested by the Sponsor, and/or from the owner of any material that appears in such materials, authorizing Sponsor to use such materials as stipulated herein. All releases must be in the form provided by Sponsor or satisfactory to Sponsor. Except as specifically stated herein, participation in the Contest and the personal information collected from Participants during the Contest are subject to and will be used in accordance with Sponsor’s Privacy Policy located online at https://sandboxvr.com/privacy.

Each Participant who participates in the Contest agrees to: (i) comply with and be bound by these Rules and the decisions of Sponsor which are binding and final in all matters relating to this Contest; (ii) defend, indemnify, release, and hold harmless the Sponsor and its respective parent, subsidiary, and affiliated companies, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising, or promoting the Contest, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize (including any travel or activity related thereto), and/or the broadcast, exploitation or use of materials created in connection with the Contest. Participant acknowledges that the Prize is awarded as-is without warranty of any kind.

Each Participant further agrees to expressly and forever waive all rights under Section 1542 of the Civil Code of California (“Section 1542”) (or any similar law applicable to your jurisdiction) which reads:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Entrants acknowledge that they have had an opportunity to review these Rules, and Sponsor’s privacy policies, and understand them. You acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Released Entities, and that this release will be binding upon a Participant’s heirs, executors, and administrators, and anyone claiming by or through a Participant.

Sponsor will provide reasonable accommodations for qualified individuals with disabilities, in accordance with applicable law. Participants requesting accommodations should contact Sponsor in advance of the Event at [email protected].

By participating in the Contest, you represent, warrant, undertake and agree that:

9.1. You have read, understand and undertake to fully comply with these Rules.

9.2. You have the right and the legal standing to agree to and be bound by these Rules and to enter and register to the Contest.

9.3. You comply with any and all applicable laws, rules and regulations, and you have obtained all necessary permits, consents and approvals to participate in this Contest. You maintain an insurance policy and insurance coverage as appropriate and necessary for the participation herein.

9.4. You agree to indemnify, hold harmless the Released Parties from any and all claims, actions, proceedings, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part by your participation in, or preparation for, the Contest, Contest-related activity, or resulting from the acceptance, possession, quality, execution, utilization or misuse of a Prize (or any portion thereof within the scope of such Prize), or any activity related thereto.

9.5. Should you win a Prize, you further represent and warrant and agree:

9.5.1. You shall keep in strict confidence your winning and not disclose to any third party any detail related to a Prize and/or your selection as the Winner, until your winning is announced publicly.

9.5.2. You shall promptly and fully cooperate with Sponsor in connection with any requests and requirements Sponsor may present you regarding your execution of a Prize and usage of your likeness, including, without limitation, requests to limit the publication or distribution of the materials created in connection with your participation in the Contest and/or the likeness to any specific media or channels, or to remove the likeness entirely from any media.

9.5.3. If Winner fails within any indicated time period to comply with Section 9 or otherwise cooperate with Sponsor as required, Sponsor reserves the right to disqualify the Winner and refuse to provide the Prizes to the Winner and either forfeit the Prizes or grant it to a runners-up, at Sponsor’s sole discretion.

10.1. BY ENTERING THE CONTEST, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS BY YOU WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED ONE HUNDRED DOLLARS ($100.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF.

10.2. YOU UNDERSTAND AND AGREE THAT EACH PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. SPONSOR AND RELEASED PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF PERFORMANCE, QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PROMOTION OF EACH PRIZE WILL RESULT IN ANY PARTICULAR AMOUNT OR LEVEL OF REVENUE OR INCOME.

10.3. YOU UNDERSTAND AND AGREE THAT PARTICIPATION IN THIS CONTEST (AND, IN CASE YOU ARE A WINNER, YOUR PARTICIPATION AND EXECUTION OF THE PRIZES) IS AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND THAT SPONSOR AND RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY ELEMENT OF THIS CONTEST OR ANY PRIZE. SPONSOR AND RELEASED PARTIES DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, SPONSOR SHALL NOT BE LIABLE FOR ANY INTERRUPTED, INCOMPLETE, LOST, DELAYED, MISDIRECTED, CORRUPTED, OR IMPROPERLY RECORDED GAMEPLAY SESSION OR SCORE, REGARDLESS OF CAUSE.

Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE RULES.

BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY GRAND PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

The Rules and the Contest are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in the “Binding Arbitration” Section of these Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of San Francisco.

If Sponsor is prevented from continuing with the Contest by any event or cause beyond its control, e.g., events of nature, interference by humans, non-humans or entities unrelated to Sponsor and/or acts of government, Sponsor shall have the right to modify, suspend or terminate the Contest. Additionally, Sponsor shall have the right to suspend, modify or terminate the Contest as may be reasonably required in order to comply with these Rules and any applicable law, or otherwise at Sponsor’s sole discretion. The Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. If the Contest is terminated, the Sponsor, in its sole and absolute discretion, may select Winners from all eligible Entries received prior to termination, or forfeit any Prize, at its sole discretion. Without limiting the foregoing, if Sponsor determines that the Contest or the Game has been compromised by technical malfunction, virus, bug, unauthorized human intervention, fraud, or other causes that, in Sponsor’s reasonable discretion, corrupt or affect the administration, integrity, or proper conduct of the Contest, Sponsor reserves the right to void affected scores, suspend gameplay, require replay of affected sessions, and/or determine the Winner based on verified eligible scores received prior to such impairment.

14.1. All Participants must bear all expenses incurred by them in connection with participation in the Contest (including, without limitation, the costs associated with Internet access).

14.2. Participants submitting documents and/or information to receive a Prize to the Sponsor shall be responsible for their authenticity and accuracy.

14.3. The invalidity of any provision of these Rules will not affect the validity of any other provision. In the event that any provision of the Rules is determined to be unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision was not contained here. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver.

14.4. Headings are solely for convenience and will not be deemed to affect the meaning of this document.

14.5. By entering the Contest, you accept and agree to the Sponsor’s Privacy Policy and undertake to comply with any and all applicable federal, state, provincial and local laws, rules and regulations.

14.6. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials or Privacy Policy and/or the terms and conditions of the Rules, the Rules shall prevail, govern and control.

You’re free to do that at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. For booking related to our paid experiences, please reach out to the store directly for a refund. You could find our contact details from https://sandboxvr.com/location. 

Sandbox VR is also free to terminate (or suspend access to) your use of the Services for any reason in our discretion, including your breach of these Terms. Sandbox VR has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. If you reside in the Province of Quebec, you will be provided with a notice setting out the grounds for which Sandbox VR has terminated (or suspended access to) you use of the Services.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Warranty Disclaimer. Sandbox VR and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Sandbox VR and all such parties together, the “Sandbox VR Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Sandbox VR Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Sandbox VR Parties make no representations or warranties regarding suggestions or recommendations of services or Services offered or purchased through or in connection with the Services including. Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Sandbox VR Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific experience). THE SERVICES AND CONTENT ARE PROVIDED BY SANDBOX VR (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN THE PROVINCE OF QUEBEC, THE FOREGOING DOES NOT LIBERATE SANDBOX VR FROM THE CONSEQUENCES OF ITS OWN ACTS OR OF THOSE OF ITS REPRESENTATIVES.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE SANDBOX VR PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO SANDBOX VR IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN THE PROVINCE OF QUEBEC, THE FOREGOING DOES NOT LIBERATE SANDBOX VR FROM THE CONSEQUENCES OF ITS OWN ACTS OR OF THOSE OF ITS REPRESENTATIVES.

Indemnity. You agree to indemnify and hold the Sandbox VR Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your User Submissions, and use of the Services, (b) your violation of these Terms, (c) gross negligence or willful misconduct, or (d) your violation of a third party’s right, including without limitation any intellectual property rights, publicity, confidentiality, proprietary and privacy rights. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sandbox VR'S prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. Unless you reside in the Province of Quebec, these Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you, unless you reside in the Province of Quebec, to arbitrate certain disputes and claims with Sandbox VR and limits the manner in which you can seek relief from Sandbox VR.  Unless you reside in the Province of Quebec, both you and Sandbox VR acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Sandbox VR'S officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall, unless you reside in the Province of Quebec, be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall, unless you reside in the Province of Quebec, be finally settled by binding arbitration in San Mateo County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Sandbox VR will pay all arbitration fees for claims less than ten thousand ($10,000) dollars, or a higher dollar value if required by the applicable law. Sandbox VR will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Sandbox VR may assert claims, if they qualify, in small claims court in San Mateo County, California or any United States county where you live or work, or, if you reside in the Province of Quebec, in the small claims division of the Court of Quebec in the judicial district in which you reside, if you provide us with written notice of your intention to do so within 60 days of your purchase (if you reside in the Province of Quebec, the prescription periods set forth in the Civil Code of Quebec apply notwithstanding the foregoing). The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy, unless you reside in the Province of Quebec. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND SANDBOX VR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Sandbox VR are instead, unless you reside in the Province of Quebec, choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Sandbox VR over whether to vacate or enforce an arbitration award, YOU AND SANDBOX VR WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. UNLESS YOU RESIDE IN THE PROVINCE OF QUEBEC, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. UNLESS YOU RESIDE IN THE PROVINCE OF QUEBEC, CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 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 SERVICES OR SERVICES THROUGH THE WEBSITE, WILL BE, UNLESS YOU RESIDE IN THE PROVINCE OF QUEBEC, RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Sandbox VR is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following email address: [email protected] submitted within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Sandbox VR to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Sandbox VR agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, San Mateo County, California, or the federal district in which that county falls, unless you reside in the Province of Quebec, in which case such judicial proceedings shall be brought in the courts located in the judicial district of your place of residence.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Sandbox VR.

Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the website and our Services ("Feedback"). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that all Feedback will be the sole and exclusive property of Sandbox VR and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to Sandbox VR together with all intellectual property rights therein.

Force Majeure. Sandbox VR will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Sandbox VR infrastructure or connectivity to the internet or failure at an Sandbox VR facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Sandbox VR will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Sandbox VR may reasonably require to recover from the effects of such Force Majeure Event.

Notice for California Residents. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to us with your email address and a request for the Terms and any linked terms. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Service(s) of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Sandbox VR agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Sandbox VR, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Sandbox VR, and you do not have any authority of any kind to bind Sandbox VR in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Sandbox VR agree there are no third-party beneficiaries intended under these Terms.

A French version of these terms is available. Une version française de ces modalités est disponible.