Gift Card Terms and Conditions
- About Your Card. The Card is issued by Issuer. Issuer is an affiliated entity of Jack’s Family Restaurants and is authorized to issue the Cards. Issuer is also responsible for the operation and maintenance of the Card program. Issuer is the sole legal obligor to the Purchaser. Jack’s Family Restaurants and its affiliates and related entities (other than Issuer) bear no responsibility or liability for any Card, and you hereby knowingly release Jack’s Family Restaurants and its affiliates and related entities (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Card. Cards can be purchased only at Jack’s Family Restaurants.
- Balance Inquiry. For balance inquiry, call 1-888-529-6578. The balance you receive when inquiring over the telephone is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
- Expiration/Deactivation. Cards do not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, non-sufficient funds (NSF) check or other failure of consideration.
- Cards are redeemable only for purchases of food, beverage, merchandise, and tax goods at Jack’s Family Restaurants locations in the United States. Cards are not debit or credit cards, have no cash value and may not be redeemed for cash (except as required by law). Cards are not redeemable to purchase another Card or gift card or towards previous purchases. Partial redemptions are allowed.
- Cards may be reloaded with value.
- No Refunds. No refunds are permitted with respect to Cards.
- Unclaimed Property. In the event you do not use your Card for a certain period of time, Issuer may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although your Card does not expire, if Issuer is obligated to turn over the remaining balance of your Card under a state’s unclaimed property law, by operation of law Issuer will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Card balance. To protect your right to continue to use your remaining Card balance at Jack’s Family Restaurants, Issuer will make reasonable efforts to exempt your Card from state unclaimed property laws.
- Lost, Damaged or Stolen Card. The value of any lost, damaged or stolen Cards will not be replaced or replenished.
- Prohibited Uses. Cards cannot be combined with any other coupons or promotions or used for tips, or prior purchases, as applicable, duplicate use, sale or trade of a Card is prohibited, except as required by law. Any attempt at redemption inconsistent with these terms and conditions will render the speciﬁc Card void.
- Issuer reserves the right to refuse to honor a Card where Issuer suspects that the Card was obtained fraudulently.
MANDATORY BINDING INDIVIDUAL ARBITRATION.
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Issuer agree that any dispute, whether at law or equity, arising out of or relating in any way to this Agreement or the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court. Any disputes as to whether or not a claim is arbitrable shall likewise be resolved by the arbitrator.
You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, collective, consolidated or combined actions or arbitrations or arbitral proceedings as a private attorney general are not permitted, and the arbitrator shall have no jurisdiction to arbitrate claims of multiple persons collectively or on a representative basis. Thus, the arbitrator shall have no jurisdiction to conduct the arbitration on a class or collective basis, regardless of any JAMS rules (discussed below) allowing for class or collective proceedings.
You and Issuer agree to waive the right to trial by jury. You and Issuer both waive, to the fullest extent allowed by law, any right to seek or recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
This agreement to arbitrate extends to claims that you assert against other parties that arise out of or relate in any way to this Agreement or the Card, including without limit claims against Jack’s Family Restaurants and its affiliates and related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement (other than the waiver of right to trial by jury and the waivers of your right to pursue claims on a class basis) is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.
Except as otherwise expressly stated herein, arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), but shall be conducted only as an individual and not as a class or collective arbitration. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com/rules-comprehensive-arbitration/ or 1-949-224-1810. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process: CSC-Lawyers Incorporating Service Incorporated, 50 South Perry Street, Montgomery, Alabama 36104, United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
Limitation of Liability.
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Governing Law. The laws of the State of Alabama, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card except that the Federal Arbitration Act will govern the enforceability of the provisions relating to arbitration, and except that the laws of the State of Virginia, the state in which the Issuer is organized, shall govern all matters relating to unclaimed property.
Changes to Agreement. Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.eatatjacks.com/gift-card-policy.