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Gift Card Terms and Conditions

Last Updated:  May 11, 2020

General Terms 

These Payless Daily Gift Card Terms and Conditions (“Terms and Conditions”) apply in addition to the Terms of Use and Privacy Policy set forth on the paylessdailyonline.com website, which are expressly incorporated herein. For purposes of these Terms and Conditions, including the arbitration provision set forth below, the term “Walmart” shall be interpreted broadly encompass Payless Daily Stores Arkansas, LLC, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, and agents.

IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND Payless Daily ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. 

Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, Payless Daily plastic Gift Cards and eGift Cards (“Walmart Gift Cards”) are not returnable or refundable for cash except in states where required by law. Resale of Payless Daily Gift Cards is strictly prohibited.

Liability.
The balance on any Gift Card is solely the liability of Payless Daily Stores Arkansas, LLC.

Acceptance locations.
Unless other restrictions apply, Payless Daily Gift Cards may be used at any Payless Daily store or Sam’s Club in the U.S. or Puerto Rico; or on-line at paylessdailyonline.com, or Samsclub.com; or select Murphy USA Fuel Stations.

Not for promotional use.
Payless Daily Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). If you are ordering more than 750 cards, please email giftcards@paylessdailyonline.com and an associate will contact you by the next business day, or call us at (718) 362-6269, Monday-Friday, 7:30 a.m. -5 p.m (CT).

No affiliation with Walmart.
Use of Walmart’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Payless Daily Gift Cards is strictly prohibited. Furthermore, the use of Payless Daily Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Payless Daily or any of its subsidiaries or affiliates is prohibited.

Compliance with laws.
By purchasing Payless Daily Gift Cards, you are certifying and representing to Payless Daily that the activities in connection with which the Payless Daily Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Payless Daily Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Walmart. In addition, you agree to defend and indemnify Payless Daily Stores, Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Payless Daily Gift Cards or violation of any of these Terms and Conditions.

Lost or Stolen Gift Card.
Lost or stolen cards will not be replaced. Neither Wal-Mart.com USA, LLC nor Payless Daily Stores Arkansas, LLC shall have liability to you for (i) lost or stolen Payless Daily Gift Cards or (ii) use of any Payless Daily Gift Cards by third parties through your paylessdailyonline.com account. You are solely responsible for keeping the password for your paylessdailyonline.com account safe and for any activity conducted under your account.

Saving Payless Daily Gift Card Information and Viewing Balance Terms and Conditions

Saving Payless Daily Gift Card Information.
Only five Payless Daily Gift Cards (plastic and/or eGift Cards) can be saved to your account at any given time. Payless Daily Gift Cards you have NOT saved may be used, but you will be required to enter the Payless Daily Gift Card number and PIN at the time of purchase.

No Consolidation for New Payless Daily Gift Card.
You may not consolidate or combine multiple Payless Daily Gift Cards to purchase a new Payless Daily Gift Card. paylessdailyonline.com does not consolidate or combine multiple gift cards into one gift card per customer requests.

Saving Payless Daily Gift Card Information Does Not Redeem Card.
Saving Payless Daily Gift Card information to your account does not redeem the value of the Payless Daily Gift Card. Saving the information makes the Payless Daily Gift Card available for selection without entering the Payless Daily Gift Card number and PIN at the time of a purchase. It also allows you to more quickly check the available balance on the Payless Daily Gift Card.

Saving Payless Daily Gift Card Information Does Not Limit Card to Use Online.
Saving a Payless Daily plastic Gift Card to your paylessdailyonline.com online account does not limit you to using the Payless Daily Gift Card online. You can use Payless Daily and Sam’s plastic Gift Cards and eGift cards at any retail or other format of Payless Daily Inc. in the U.S. or Puerto Rico, including Sam’s Clubs.

Payless Daily Gift Card Balance is an Estimate.
The balance you see when viewing Payless Daily Gift Card balances online or receive by calling 1-888-537-5503 is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online or in stores, but there may be occasions when the updated balance is delayed for a period of time. You can also view the Payless Daily Gift Card’s transaction history to see if all the transactions for the Payless Daily Gift Card are listed.

Payless Daily Gift Cards Do Not Expire.
Payless Daily gift cards never expire. 

Specialty Gift Cards Terms and Conditions

When you buy a Specialty gift card, you agree to the terms and conditions of the card from the third party retailer, restaurant or theatre you choose. Following are the terms and conditions for each specialty gift card sold at paylessdailyonline.com.

iTunes Gift Cards Terms
This card is redeemable only on the iTunes Store for the U.S. To redeem this card you must have an iTunes Store account, subject to prior acceptance of license and usage terms. To open an account you must be above the age of 13 and in the U.S. The iTunes Store requires iTunes 6.0 or later (7.0 or later for video), compatible software and hardware, and Internet access (fees may apply). Not redeemable for cash (except if required by law). No refunds or exchanges allowed and this card may not be used to purchase any other merchandise, allowances or iTunes gifting. Data collection and use subject to Apple Customer Privacy Policy, see www.apple.com/legal/privacy, unless stated otherwise. Risk of loss and title for card passes to purchaser on transfer. Apple is not responsible for any loss or damage resulting from lost or stolen cards or use without your permission. Apple and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to prepaid cards or the iTunes Store and disclaim any warranty to the fullest extent available. These limitations may not apply to you. Void where prohibited. Not for resale. Subject to full terms and conditions, available at www.apple.com/support/itunes/legal/giftallowances.html. Content purchased from the iTunes Store is for personal lawful use only. Don’t steal music.

SUBWAY® Gift Card Terms
This SUBWAY® Card may only be used for purchases at participating SUBWAY® restaurants - a list is at www.mysubwaycard.com. The available balance will be applied to your purchase. You can reload your SUBWAY® Card with additional cash at any time, or set it up online for automatic reload. We can only replace remaining balances on lost, stolen or damaged Cards if your Card is registered online, and you can provide proof of purchase. The Card never expires and we do not charge any fees. Reward points expire after 36 months, unless stated otherwise by us. Not all SUBWAY® restaurants participate in the Rewards program. Use of this Card constitutes acceptance of these terms. SUBWAY® is a registered trademark of Doctor’s Associates Inc.

Regal Gift Card Terms
Regal Gift Cards are sold in a $25 denomination and are honored, just like cash, at the box office or concessions. Regal Gift Cards cannot be redeemed for cash unless required by law. If the Regal Gift Card is lost, stolen, damaged or destroyed, the value of this card will not be honored or replaced without proof of purchase and proper identification. Regal Gift Cards have no expiration date or dormancy fees.

Brinker International Gift Card Terms
Chili’s Grill & Bar®, Romano’s Macaroni Grill®, On The Border Mexican Grill & Cantina® and Maggiano’s Little Italy® terms and conditions:

  • No Service fees are charged in connection with these gift cards
  • Lost or stolen cards will not be replaced
  • Balance inquiries can be made by calling 1-888-532-6092

Disputes & Arbitration

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  This arbitration provision provides that you and Payless Daily waive any right to file a lawsuit in court or participate in a class action for matters within its terms.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Payless Daily (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY WALMART), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Payless Daily AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.   DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.  The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location that is reasonably convenient to you.  The arbitrator will follow these Terms and Conditions and his or her award will be final and binding.  Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER Payless Daily CUSTOMERS, OR OTHER PERSONS.  THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM.  THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY.  THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.  THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.  NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.  

This arbitration provision shall survive any termination of these Terms and Conditions.  Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.    

Applicable Law
The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Arkansas without regard to principles of conflicts of laws.  If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated. 

Updates to Terms and Conditions
These Payless Daily Gift Card Terms and Conditions were last updated on the date set forth above. Payless Daily may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes.  In the event of a conflict between these Terms and Conditions and the paylessdailyonline.com Terms of Use, these Terms and Conditions will govern. 

Payless Daily eBooks by Rakuten Kobo Digital Cards Terms and Conditions
Payless Daily eBooks by Rakuten Kobo digital cards (“Digital Cards”) may only be used by individuals residing in in the United States of America and may only be redeemed at www.kobo.com/redeem. Digital Cards are redeemable for select digital products or subscription services sold by Payless Daily eBooks by Rakuten Kobo (excluding, but not limited to, devices, accessories and other gift cards). Redemption of a Digital Card requires a valid Payless Daily eBooks account and transfer of full card value into your account. There is no charge to open a Payless Daily eBooks account. For full terms and conditions, see Payless Daily eBooks by Rakuten Kobo Digital Card Terms and Conditions.

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