Gift Card Terms and Conditions
The following Jack’s Family Restaurants LP (“Jack’s Family Restaurants”) Card Terms and Conditions (“Agreement”) describes the terms and conditions that apply to use of Jack’s Family Restaurants Gift Cards that are purchased in store (the “Cards”). This Agreement is between you, the Purchaser, and Delicious Dollars, LLC (“Issuer”). By purchasing, accepting or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
- 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.
- Redemption. Cards are redeemable only for purchases of food 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.
- Reloadable. Cards may be reloaded with value.
- No Refunds. No refunds are permitted with respect to Cards.
- 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 taxes, 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.
- Fraud. 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.
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.
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.