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.
Governing Law
5. The laws of Texas govern the Promo Card and the terms and conditions of
this Agreement.
Card Expiration
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.
Returns
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.
Supplemental Payment
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
13. As part of providing you with the Promo Card or in servicing the Promo
Card, we may obtain personal information about you in accordance with the
privacy policy found at www.Emc2Data.com/privacy or available through
Customer Service at 1-1-858-524-9908.
Arbitration
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.
