Last Revised: March 2, 2021
Please note that Section 10 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 10.
EARNING POINTS AS A PROGRAM MEMBER
Prizeout’s services (the “Services”) allow consumers (“Users”) to withdraw funds that they have earned, won or are otherwise entitled to collect from companies (“Partners”) with whom Prizeout has partnered, in the form of digital gift cards or other stored value mechanisms (“Gift Cards”) offered by a variety of retailers and brands (“Merchants”).
A User may become a Program Member by signing up for the Program through the Site in connection with use of the Prizeout widget (the “Widget”) on a Partner’s site/application/platform and the creation of an account with Prizeout (“Account”) in order to receive benefits and incentives, including Gift Cards and promotional offers (collectively “Rewards”). In order to be eligible to participate in the Program, you must be eighteen (18) years of age or older, and a resident of the United States. By creating an Account, you represent and warrant that you meet these requirements. Each Program Member may only have one Account. You may not share, merge, combine or transfer your Account with or to another Program Member or any other individual. You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at [email protected] if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. All Rewards offered under the Program are offered on an “as available” basis, contingent upon third-parties' availability to provide services, and other contingencies, which may impact availability of some Rewards at certain times and places.
Program Members may earn points (“Prizeout Points”) upon the completion of a transaction to purchase a Gift Card via the Services that is eligible to receive Prizeout Points (an “Eligible Transaction”). Prizeout has the sole discretion to determine the number of points attributable to the purchase of any Gift Card. Prizeout Points are redeemable by Program Members at certain thresholds for select Rewards. Thresholds and Rewards may vary or change without notice to Program Members. Prizeout, or third parties acting on Prizeout’s behalf, may offer additional or accelerated Points (“Extra Points” and together with Prizeout Points collectively referred to as “Points”) through promotional offerings. Extra Points are awarded as described in the applicable promotional offer, and are subject to additional terms and conditions as may be set forth in such promotional offer. Extra Points are further subject to all terms and conditions applicable to standard Prizeout Points. In addition to promotional offerings, Extra Points may also be earned by completing Rewards Goals (“Milestones”). Milestones are created to provide additional rewards for engagement with the Services, and may vary in quantity and frequency, at Prizeout’s sole discretion. Opportunities to participate in and complete Milestones are made available by Prizeout, and subject to Prizeout’s sole discretion. Points have no cash value. Prizeout may revoke any Points if Prizeout determines, in its sole discretion, that the Points were earned through or in connection with any fraud, abuse of the Services, or any other violation of these Terms, or any other terms or conditions relating to the use of the Services.
When a Program Member has earned sufficient Points to meet the then-current threshold to redeem Points in a particular month, such Program Member may redeem their Points by selecting an available Reward listed on the Rewards page. Points may only be redeemed for Rewards, and cannot be used for any other type of purchase or redemption via the Services. Only one of each available Reward may be claimed by a Program Member each month. For example, if the threshold for the month of March is 500 Points, you may only claim the 500 Point Reward once during the month of March; and you must wait until the next calendar month (in this example, April) to claim another 500 Point Reward. The threshold for Points redemption for each calendar month will be displayed in the Widget, or under the account details section of your Account, and will be available to view at any time during a calendar month. Prizeout may, from time to time, request information from you to confirm your identity before allowing the use of your Points. Prizeout may delay your access to Points until you comply with this information request. Prizeout is not responsible for unauthorized use of Points. Points are not redeemable for cash.
If you receive a Gift Card upon claiming a Reward, your Gift Card, and your use thereof, will be governed by the applicable terms and conditions. Please consult your Gift Card for additional information, including information regarding how to obtain a copy of the Gift Card’s terms and conditions from the applicable Merchant. We reserve the right to correct any errors, inaccuracies or omissions (including after a Gift Card order has been submitted) and to change or update information at any time without prior notice. You acknowledge that Prizeout does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant to Prizeout that your use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value plus any specified bonus amounts, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and Prizeout will not assess a service fee or dormancy fee with respect to a Gift Card. In the event that you order a Gift Card that requires a currency conversion, we will display a foreign exchange rate in the Widget and apply such rate to the related transaction. We reserve the right to make a change to or refuse any Gift Card order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting you at the email address you provided to the applicable Partner. All issuances of Gift Card are final, and are not eligible for return, refund or exchange.
VIEW YOUR POINTS BALANCE
You can view your current Points balance, available Rewards, and Milestones in the account details section of your Account. If you believe your Point balance is incorrect, you must report your concern within thirty (30) days by contacting Prizeout in accordance with the “Contact Us” section below. If it is determined (in Prizeout’s sole discretion) that any correction to your Points balance is necessary, then Prizeout will make any necessary corrections, which may take up to four (4) weeks to complete. Failure to supply necessary documentation to substantiate any alleged inaccuracy in your Points balance may result in an inability to address the alleged inaccuracy. Prizeout encourages all Program Members to retain all receipts and other purchase and redemption documentation until Points are credited to your Account or otherwise redeemed.
POINT EXPIRATION AND ACCOUNT INACTIVITY
Points are non-transferrable and expire if not redeemed for Rewards in monthly batches on a rolling twelve (12) month basis. For example, all Points earned on any date in January 2020 that are not redeemed for Rewards will expire on February 1, 2021. If you do not redeem any Points for Rewards during a period of twelve (12) consecutive months, your Account will be considered inactive and will be closed, and all Points forfeited.
Your participation in the Program is a privilege granted by Prizeout, and as such can be suspended, revoked, or terminated at any time by Prizeout, without notice to you, if Prizeout determines, in its sole discretion, that you have violated these Terms or that the use of your Account is unauthorized, deceptive, fraudulent or otherwise unlawful. Prizeout may, in its sole discretion, suspend, cancel or combine Accounts that appear to be duplicative. If your participation in the Program is terminated, all Points associated with your Account and any Program benefits will be forfeited immediately upon such termination. If your Account is closed or terminated, you will lose all Points. If participation in the Program is terminated due to fraudulent activity or noncompliance with these Terms, then in addition to forfeiting all Points and Program benefits associated with the Program, your account will be closed, and you may not be allowed to rejoin the Program in the future.
PROGRAM CHANGES AND TERMINATION
Except as otherwise expressly prohibited or limited by applicable law, Prizeout has the right to change, limit, modify or cancel these Terms (or any portion of these Terms, or any policy, FAQ, or guidelines pertaining to the Program or Rewards), Rewards or Reward thresholds at any time, with or without notice, even if such changes may affect the value of Points, or the ability to obtain certain Rewards, including, but not limited to modifications which: (a) govern how Points are earned on or after the date of change; or (b) change the value associated with Rewards. In accumulating Points, Program Members may not rely upon the continued availability of any Reward or Reward level. The type of Rewards available are subject to change, substitution, or removal in Prizeout’s sole discretion at any time, without notice to Program Members. Rewards are limited in supply and certain Rewards may not be available to all Program Members who have earned the applicable monthly threshold.
Prizeout may terminate the Program at any time in its sole discretion, in whole or in part, with three (3) months’ advance notice to active Program Members or any lesser period allowed by applicable law. At Prizeout’s sole discretion, Prizeout may choose to substitute a similar rewards program for the Program at any time immediately upon notice to active Program Members. If the Program is terminated, all unredeemed Points will be forfeited without any obligation or liability of Prizeout to Program Members, and no Points will be earned or redeemed for Rewards after the effective date of termination of the Program.
Prizeout may modify these Terms from time to time, in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the Site. You waive any right you may have to receive specific notice of such changes or modifications, except as required by applicable law. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued participation in the Program after the modifications have become effective will be deemed your acceptance of the modified Terms.
PRIVACY AND SECURITY
DISCLAIMERS AND LIMITATION OF LIABILITY
Your access to and use of the Program and Services are at your own risk. You understand and agree that the Program and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Prizeout, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, licensors and third party vendors (the “the Prizeout Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Prizeout Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Program or the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Program or the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Program or the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Prizeout Entities or through the Program or the Services, will create any warranty or representation not expressly made herein.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE PRIZEOUT ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PROGRAM OR THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE PROGRAM OR THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE PRIZEOUT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE PROGRAM OR THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE PRIZEOUT ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
By entering into these Terms and accessing or using the Program or the Services, you agree that you shall defend, indemnify and hold the Prizeout Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Prizeout Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Program or the Services; or (d) your negligence or willful misconduct.
ARBITRATION AND CLASS ACTION WAIVER
You agree that in the event of any dispute between you and the Prizeout Entities, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Prizeout’s services and/or products, including the Program and the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and Prizeout agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules and such arbitration proceedings will be held in New York County in the State of New York. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Prizeout are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Prizeout will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. You and Prizeout agree that the state or federal courts located in New York County in the State of New York shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
The arbitrator, Prizeout, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, Prizeout will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to us in accordance with in the “Contact Us” section of these Terms. The notice must be sent to Prizeout within thirty (30) days of your registering to use the Program, the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Prizeout also will not be bound by them.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any rights or obligations hereunder may be assigned by Prizeout but may not be assigned by you without Prizeout’s prior express written consent. No waiver by Prizeout or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. These Terms are governed by the laws of the State of New York, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 10, or if arbitration does not apply, then the state and federal courts located in New York County in the State of New York.
You may contact us regarding the Program, the Services or these Terms at: 33 West 17th Street, 8th Floor, New York, NY 10011, by phone at (866) 262-8122 or by e-mail at [email protected].