Promotional Gift Cards - Terms and Conditions
Terms and Conditions
Promotional Gift Cards
TERMS & CONDITIONS FOR PROMOTIONAL EMC2DATA PHYSICAL AND/OR E-GIFT CARDS
The following terms and conditions (the "Agreement") apply to any Emc2Data physical and/or e-gift card that expire given by Emc2Data or through its partners for free, including "free with purchase" or otherwise (the "Promo Card"). For terms applying to non-expiring Emc2Data gift cards please see the Purchased Gift Card terms and conditions available here.
Card Program Privileges
1. By accepting and retaining the Promo Card or using the Promo Card, you agree to these terms and conditions, as well as future terms and conditions and program/service changes. We reserve the right to change the format, elements, and terms and conditions of the Promo Card program at any time without notice. The Promo Card and associated offers are void where prohibited by law. Emc2Data Marketing USA LP, along with its subsidiaries and affiliates, ("Emc2Data", "we", "our", or "us") is the issuer of, and provides the funding for, the Promo Card.
Use of the Card
2. The Promo Card is not a credit card and cannot be used as one. Use of the Promo Card is limited to the amount of funds associated with the Promo Card. You cannot increase the funds on the Promo Card. The Promo Card may only be used by customers in the 50 United States and the District of Columbia to make purchases of merchandise and services directly from Emc2Data. The Promo Card is redeemable at Emc2Data.com, 1-1-858-524-9908. In the event of technical difficulties at the time of purchase using the Promo Card, not all means of redeeming the Promo Card may be available and Emc2Data will provide additional instructions on the method of redemption. Except as set forth herein, you agree that you shall not use the Promo Card elsewhere. If you attempt to use the Promo Card at a non-participating establishment, your purchase will be declined. This Promo Card is intended for use as a gift to an individual. Resale of this Promo Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Emc2Data Funds cannot be used as a payment on a Emc2Data Preferred Account, Emc2Data Business Credit, Emc2Data Account, Emc2Data Lease, to purchase other Emc2Data or third party gift cards, to purchase non-Emc2Data branded smartphones or mobile accessories, which are sold through third-party partners. Your right to use the funds on the Promo Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. Emc2Data is not responsible for pricing, typographical, or other errors, in any offer by Emc2Data and reserves the right to cancel any orders resulting from such errors. The full amount of each purchase, including taxes, will be deducted from the funds held on the Promo Card, up to the total funds available on the Promo Card. Except where required by applicable law, Promo Cards cannot be redeemed for cash or replaced if lost or stolen.
Additional Information on Card Usage
3. You may check the balance remaining on your Promo Card by calling 1-1-858-524-9908 or email Promo.eGift.Cards@emc2data.com .
Delivery and Restrictions
4. Promotional e-Gift Card ships separately from purchase and typically arrives in 10-20 days from ship date via email and carries a 90 day expiration (except where prohibited by law). Email address required for eGift Card delivery. Limit of 5 Promo Cards per order and per promotional offer for PC sales and limit of 10 Promo Cards per order and per promotional offer for electronic & accessory sales. Excludes Emc2Data Advantage rewards which are issued per qualifying purchase without limitation. Not valid for resellers and/or online auctions. Large Enterprise, Federal and Public orders are excluded from Promotional Gift Card offers. Emc2Data, at its sole discretion, reserves the right to reject (decline) requests for promotional incentives, including promotional gift cards and Emc2Data Advantage rewards, to accounts suspected of reseller or promotional abuse activity.
5. The laws of Texas govern the Promo Card and the terms and conditions of this Agreement.
6. Please note that the Promo Card has an expiration or "valid thru" date. Your Promo Card's expiration or valid thru date can be found on the carrier to which the Promo Card was affixed or if you received a digital eGift Card, within the digital eGift Card email. After that date, the funds will expire, and the Promo Card will not be accepted by Emc2Data. No exceptions. After the expiration or valid thru date, please cut up the Promo Card and dispose of it or delete the digital eGift Card email. Invalid Promo Cards are not replaceable or returnable.
7. You agree to use the Promo Card only for legitimate purchases of merchandise or services through Emc2Data and not for the purpose of obtaining cash from an establishment. You may not return merchandise or cancel services obtained with the Promo Card for a cash refund. Credits for returns accepted by Emc2Data will be allocated back to the Promo Card (in the amount of the portion of the purchase paid with your Promo Card) as long as the Promo Card has not expired. If you receive a credit, the portion paid with your Promo Card (excluding shipping & handling) will be allocated back to the Promo Card within 3 to 7 business days after Emc2Data receives and processes your returned merchandise. However, if the card has expired, no credit or cash refund will be issued and remaining funds on the card are forfeited.
If you return the purchase that qualified you for a Promo Card, the Promo Card will no longer be valid. If the qualifying product is returned for a refund after the Promo Card has been redeemed, the value of the redeemed card will be deducted from any refund amount.
8. It is your responsibility to know the amount of funds available on the Promo Card at the time of purchase. To obtain your fund availability , call 1-1-858-524-9908 or check online here. If your desired purchase amount is greater than your available funds, supplemental payment may be made using any credit card accepted by Emc2Data. Except for the Emc2Data Preferred Account and such credit cards, Promo Cards will not be accepted by Emc2Data in combination with any other form of payment including, without limitation, Emc2Data Account or Emc2Data Business Credit. Emc2Data reserves the right to solely determine which credit cards it shall accept. Such credit cards are subject to change without notice.
Shortages/Negative Card Balance
9. If you attempt to use the Promo Card for an amount greater than your available fund balance, the transaction will prompt you to use an additional form of payment to cover the remaining balance. To use supplemental payment (see Supplemental Payment above), you should instruct Emc2Data to apply an amount not to exceed the funds available on the Promo Card, and inform Emc2Data that you will pay the balance with a credit card accepted by Emc2Data. If, for any reason whatsoever, a transaction is processed despite insufficient available funds on the Promo Card (creating a "negative" amount, referred to herein as a "Shortage"), you agree to reimburse us, upon request, for the amount of the Shortage. In addition, we reserve the right to charge a Shortage fee of $25 per transaction every time your use of the Promo Card results in a Shortage, subject to applicable law.
Lost or Stolen Cards
10. Emc2Data is not responsible for loss, theft, or unauthorized use of the Promo Card. You should safeguard the Promo Card as if it were cash. Promo Cards cannot be replaced or reissued if lost or stolen, unless you provide verifiable proof of eligibility deemed sufficient by Emc2Data in its discretion.
Using Multiple Cards
11. Emc2Data will only accept a limited number of Promo Cards per purchase. Funds from Promo Cards cannot be merged with funds from any other Promo Cards or other Emc2Data gift cards of any kind.
Misuse of the Card
12. If we suspect misuse of the Promo Card, it may be suspended or terminated. We may cancel the Promo Card at any time, without notice. We may condition reimbursements upon return of the Promo Card. The Promo Card is the property of Emc2Data.
Notice of Data Protection and Privacy
14. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND EMC2DATA arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Emc2Data's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between you and Emc2Data. NEITHER YOU NOR EMC2DATA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Emc2Data will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if you prevail on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.