FONDUE – REWARD TERMS AND CONDITIONS

Last Modified: Updated May 11, 2023

‍These Rebate Promotion terms and conditions (“Rebate Terms”) govern the Rebate Promotion which enables you to receive virtual pre-paid visa cards or gift cards. These Terms, together with the Privacy Policy: https://www.getfondue.com/privacy-policy, are a legally binding agreement between Fondue Co. dba Fondue (“Fondue,” “we,” “us,” or “our”), and you.

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‍ACCEPTANCE OF THE REBATE TERMS: BY APPLYING TO OUR REBATE PROMOTIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE REBATE TERMS. IF YOU DO NOT AGREE TO ALL OR PART OF THIS REBATE TERMS PLEASE DO NOT, SIGN UP OR USE THE SERVICES IN ANY MANNER. THIS REBATE TERMS GOVERNS YOUR ACCESS TO, AND USE OF, THE WEBSITE, SERVICE AND PROMOTION PROGRAMS.

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We reserve the right to amend or revise the Rebate Terms at our sole discretion periodically; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Amended” header above. Your continued use of the Rebate Promotion following such amendments constitutes your acknowledgment and consent of such amendments to the Rebate Terms and your agreement to be bound by them. We will make our best efforts to provide you with written notification by applicable means of communication in the event of any material changes to these Rebate Terms.

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You hereby represent and warrant that: (i) you are eligible to enter into these Rebate Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child,” “minor” or any other similar term, in your jurisdiction and that you are not under the age of 18; and (iii) to comply with all applicable laws.‍

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1. The Rebate Program.  The Rebate Promotion offers rewards which you may be eligible for when you purchase eligible goods or services or conduct certain actions (such as registering to the newsletter) on Merchant’s Website.

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The eligible products, goods and services are determined solely by the Merchant and are disclosed to you on the eCommerce website, app, or other online platform in which the Merchant offers the goods and services for sale (“Merchant Site”) prior to proceeding with your transaction. The Rebate Promotion is provided subject to filing a Redemption Form and providing the necessary information for us to approve your request. We will request only the information needed to complete the authorization process in a user-friendly manner and will process it as described in the Privacy Policy. We reserve the right to decline any request to participate in the Rebate Promotion, or to determine you are not eligible to receive a Rebate Reward (as defined below), all in our sole discretion.

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We are not responsible for the goods and services purchased, the delivery or any other matter which should be raised with the applicable Merchant. These terms and the Redemption Form are available to you during your checkout on the Merchant Website to enable you to make a knowledge decision.

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2. The Token and Payout. As part of the Rebate Promotion, and subject to our acceptance of your full and accurate submission of the  Redemption Form, we offer the following rewards (each and collectively a “Reward”): (i) a virtual Visa pre-paid card (“Card”); or (ii) a gift card. In the event you choose a Card, additional terms apply as detailed below. To be eligible for this Reward, you must purchase a qualified product or service as determined by the Merchant. Following the purchase, you will need to fill in the Redemption Form. You hereby acknowledge and agree that we may object and decline your request to participate in the Rebate Promotion subject to our sole discretion.

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3. COSTS, EXPIRATIONS AND UNUSED BALANCES. 

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YOUR REWARDS WILL REMAIN ACTIVE IF YOU CONTINUE TO USE THE SERVICES WITHIN THE PAST TWELVE (12) MONTHS. IF YOUR USE OF THE REWARDS REMAIN INACTIVE FOR MORE THAN TWELVE (12) CONSECUTIVE MONTHS AND THE BALANCE IN YOUR INACTIVE ACCOUNT IS OR BECOMES ZERO, COMPANY RESERVES THE RIGHT TO EXPIRE THE REWARD PERMANENTLY AND CEASE TO MAINTAIN YOUR REWARDS. 

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4. Eligibility and the Redemption Form. 

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1. Redemption Form. To receive the Reward, you must submit a redemption form which may require you to fill in the information regarding your purchase, your contact information, merchant code, date of birth and any reasonable information required by us (“Redemption Form”). YOU MUST SUBMIT THE REDEMPTION FORM IN ACCORDANCE WITH THE PROCESS SET FORTH IN THIS SECTION 7 WITHIN SIX (6) MONTHS OF ELIGIBILITY TO DO SO. 

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The Redemption Form is available to you in a digital form, which you can review prior to proceeding with your purchase on the Merchant Website, or after purchasing the qualified goods or services, as we will send the Redemption Form to the email address you provide during your checkout.  Pursuant to submitting a Redemption Form, Fondue, its third party service provider, and/or the Merchant will process such information to assess your eligibility. If Fondue finds your request eligible for the Reward, you will be provided with the Reward. 

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2. Eligibility. Pursuant to submitting a Redemption Form, Fondue, its third party service provider, and/or the Merchant will process such information to assess your eligibility. 

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3. Acknowledgment. You hereby represent and warrant that: (i) the information provided through the Redemption Form is true and accurate, Fondue will not be responsible for any rejection made due to inaccurate information provided by you; (ii) you have purchased qualified goods or services; (iii) you understand that any submission of a Redemption Form that does not comply with these Rebate Terms, or that is deemed in any way illegible, may be rejected with little or no opportunity to resubmit, if such is the case; (iv) any request is final and cannot be revoked; (v) you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with Rebate payments and any exchanges and distributions; and (v) you agree that the processing of personal and financial information provided by you on the Redemption Form is according our Privacy Policy.

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4. Disclaimer. If you do not submit the Redemption Form we are under no obligation to remind you to do so, or to provide you with the Reward. To receive the Reward you must fill in the Redemption Form. There is no automatic redemption or periodic distribution of payments. No interest is paid on balances. Subject to applicable laws, the balances are not your property, and you have no property rights or other legal interest in such. All amounts, Rewards and Rebate Promotions, remain the sole property of Fondue or the Merchant, as applicable. Your Reward and balance or any part of it is not transferable, cannot be brokered, bartered, assigned, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with other rewards of any other member or participant in the Rebate Promotion.

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FONDUE IS NOT RESPONSIBLE FOR LOST, LATE, DAMAGED, ILLEGIBLE, MISDIRECTED OR POSTAGE-DUE SUBMISSIONS. EXCESSIVE SUBMISSIONS CONSTITUTE FRAUD AND MAY RESULT IN FEDERAL PROSECUTION UNDER THE US LAW. KEEP COPIES OF ALL MATERIALS SUBMITTED.

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5. Rewards. Following the acceptance and the approval of the Redemption Form, you will be able to choose the Reward as detailed above. The Rewards are subject to additional terms and conditions provided by us, the Merchant or our payment service provider, as applicable (“Additional Terms”). We recommend you review those terms prior to choosing the Reward as these terms limit your use of the Reward. You do not own the Reward, you have the right to use the Reward subject to the terms herein and in the Additional Terms.

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1. Cards. If you choose the Card you hereby understand and acknowledge, it is not a gift, or a gift card, it is not provided by the Merchant. YOU DO NOT OWN THE CARD OR HAVE ACTUAL OR BENEFICIAL TITLE TO THE CARD. You have access to the Card to use the balance owed to you as part of your Reward.  The Card is subject to the cardholder agreement (“CHA”): https://www.getfondue.com/visa-prepaid-card-terms-of-service, in the event of a discrepancy between these Terms and the CHA, these terms shall prevail.

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6. Third Party Service Providers. We will collect, use and disclose your information with MeshPay US Inc. the payment service provider. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we may ask for one or more of the following pieces of information including your name,  address, date of birth, social security number or country identification number, and other information that will  allow us to identify you.  By participating in the Card program, you agree that the information and  statements you provide to us are accurate, including, but not limited to, your real name, valid U.S. mailing address  and residential address (if different), social security number or other identification documentation, date of birth, and  telephone number. If you fail to provide accurate information that we request, we may cancel your Card.

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In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation.  We reserve the right to restrict or delay your access to any such funds.

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The Card will be displayed either in the mobile app or the website or the email account, after the successful verification of your identity as described above and will be activated and ready for use. You may access the funds in your Balance by using your Card Number for transactions or purchases initiated over the phone or online. In this manner you may also electronically access your Balance.

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You will not receive a PIN for your Card. You will not be issued a physical Card. The Card will not work at ATMs.

If you think an error has occurred in your Balance, promptly contact us. We will allow you to report an error until 60 days after the date you electronically access your Balance, if the error could  be viewed in your electronic history. You may request a written history of your transactions at any time contacting us.

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If you believe your Card, Access Code(s), have been disclosed or stolen, contact us immediately.

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The use of the Card is limited, and will expire, following the expiration you will have no rights to reclaim the Balance at any point. If you choose to cancel the Card or terminate these Terms or the CHA you will be declined from any further use of the Balance.

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7. DISCLAIMER

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WE TAKE NO RESPONSIBILITY FOR ANY LOSS OF BALANCES DUE TO THE ABANDONMENT OF SUCH BALANCES BY YOU. WE HEREBY GRANT YOU THE RIGHT TO CLAIM YOUR REWARD, BY SUBMITTING A VALID REDEMPTION FORM WITHIN 6 MONTHS OF THE EFFECTIVE DATE. WE FURTHER GRANT YOU THE RIGHT TO USE THE REWARD WITHIN 6 MONTHS OF ACTIVATING IT, UNLESS OTHERWISE STATED ON THE REWARD.

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