Last Modified: February 10th, 2025
These Rebate Promotion terms and conditions (“Rebate Promotion Terms”) govern the Rebate Promotions which enable you to receive virtual prepaid promotional gift cards (“Prepaid Promotional Card”), promotional gift cards (“Merchant Promotional Card”), discount coupons (“Coupons”), or other promotions we may offer in the future, and together with Prepaid Promotional Cards and Merchant Promotional Cards, (each a “Reward”). These Rebate Promotion Terms, together with the Privacy Policy, available at https://www.getfondue.com/privacy-policy, are a legally binding agreement between Pen to Paper Co. (“Fondue,” “we,” “us,” or “our”), and you.
ACCEPTANCE OF THE REBATE PROMOTION TERMS: BY APPLYING TO OUR REBATE PROMOTIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE REBATE PROMOTION TERMS. IF YOU DO NOT AGREE TO ALL OR PART OF THESE REBATE PROMOTION TERMS PLEASE DO NOT, SIGN UP OR USE THE SERVICES IN ANY MANNER. THESE REBATE PROMOTION TERMS GOVERN YOUR ACCESS TO, AND USE OF, THE WEBSITE, SERVICE AND PROMOTION PROGRAMS.
We reserve the right to amend or revise the Rebate Promotion Terms at our sole discretion periodically; such changes will be effective immediately upon the display of the revised Rebate Promotion Terms. The last revision date will be reflected in the “Last Modified” header above. Your continued use of the Rebate Promotion following such amendments constitutes your acknowledgment and consent of such amendments to the Rebate Promotion Terms and your agreement to be bound by them.
By applying to a Rebate Promotion, you represent and warrant that: (i) you are eligible to enter into these Rebate Promotion Terms, or, where applicable, you have all proper authorization to enter into these Rebate Promotion Terms; (ii) you are not under the age of 18 and you are at least the age of majority in the jurisdiction where you reside; (iii) any information you submit to us when using the Services is accurate, truthful, and current; and (iv) your application to a Rebate Promotion, use of a Reward, or other interaction with services covered by these Rebate Promotion Terms does not violate any applicable law or regulation.
1. Rebate Promotions.
Rebate Promotions offer Rewards which you may be eligible for when you purchase eligible goods or services or conduct certain actions (such as registering to a newsletter) on the website of a merchant participating in a Rebate Promotion (a “Merchant”).
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 complete Redemption Form, including the information necessary for us to approve your request. We will process the information provided 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 Reward (as defined below), at any time and for any reason at our sole discretion.
Promotional balances may also be subject to a holding period before they are eligible for redemption (“Holding Period”). Any applicable Holding Period will be available for your review during the purchase process. Modifications to a purchase in connection with a Rebate Promotion, such as a return or exchange, may affect in whole or in part your eligibility to receive or use a Rebate Promotion, and/or the amount of your promotional balance.
You agree that we are not responsible for the goods and services purchased, the delivery of such goods or services, or any other matter in connection with your purchasing of eligible goods or services or conducting certain actions in order to qualify for a Rebate Promotion, including eligibility affected by a modification to such purchase during the Holding Period. Responsibility for such products, services, or actions lies solely with the applicable Merchant.
2. FEES, EXPIRATION, AND UNUSED BALANCES.
Any Reward that displays an expiration period or date expires after the time or on the date displayed. For any Reward that does not display an expiration period or date, the Reward will expire twelve (12) months after issuance, or such shorter time period as set forth in the applicable Merchant’s terms, unless the Reward states that it does not expire or as permitted by applicable law.
Promotional balances remain eligible to redeem for a Reward for six months following, where applicable, any Holding Period on such promotional balances. YOU MUST SUBMIT THE REDEMPTION FORM IN ACCORDANCE WITH THE PROCESS SET FORTH IN SECTION 3 WITHIN SIX (6) MONTHS OF BECOMING ELIGIBLE TO REDEEM A REWARD, or as otherwise specified in the merchant terms.
WE RESERVE THE RIGHT TO EXPIRE AND/OR CEASE TO MAINTAIN ANY PROMOTIONAL BALANCE THAT IS NOT REDEEMED WITHIN SIX (6) MONTHS, OR ANY REWARDS THAT ARE NOT USED WITHIN TWELVE (12) MONTHS. IF YOU HAVE REDEEMED ANY PROMOTIONAL BALANCE FOR A REWARD, YOU ARE RESPONSIBLE FOR MAINTAINING THAT REWARD, INCLUDING RECORDING ANY NECESSARY REDEMPTION CODE OR KEY.
Currently, we do not charge any fees for participation in any Rebate Promotion; however, we reserve the right to charge a fee at any time. Other fees may be charged by Merchants in accordance with the terms and policies that they set forth. You acknowledge and agree that you are solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use a Rebate Promotion.
3. Eligibility and the Redemption Form.
a. Redemption Form.
To receive a Reward, you must submit a Redemption Form which may require you to fill in the information regarding your purchase, your personal and contact information, merchant code, and other information that may be required by us.
b. Eligibility.
Upon submission of a complete Redemption Form, we, our third-party service provider(s), and/or the Merchant will process your completed Redemption Form in accordance with our Privacy Policy to assess your eligibility. If we find, at our sole discretion, that you are eligible for the Reward, you will be provided with the Reward, which will be available for your use following any Holding Period. If we find, at our sole discretion that you are not eligible for the Reward, you will not be provided with the Reward.
c. Acknowledgment.
You hereby represent and warrant that: (i) the information provided through the Redemption Form is true and accurate; (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 Promotion Terms, or that is deemed in any way illegible, may be rejected without opportunity to resubmit; (iv) once submitted, a Redemption Form is final and cannot be revoked or revised; (v) you are solely responsible for all applicable federal, state, or provincial withholding, taxes, and government fees or costs associated with the receipt of any Reward or other benefit; and (v) you agree that the processing of personal and financial information provided by you on the Redemption Form is according to our Privacy Policy.
d. Disclaimer.
If you do not submit a completed Redemption Form we are under no obligation to remind you to do so, or to provide you with any Reward. To receive the Reward you must complete the Redemption Form. There is no automatic redemption or periodic distribution of payments. No interest is paid on balances. Subject to applicable laws, promotional balances are not your property, and you have no property rights or other legal interest in such. All amounts, promotional balances, Rewards, and Rebate Promotions, remain the sole property of Fondue or the Merchant, as applicable. Your Reward and promotional balance or any part thereof 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.
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 US LAW. KEEP COPIES OF ALL MATERIALS SUBMITTED.
4. Rewards Selection.
Following the acceptance and the approval of the Redemption Form, you will be able to choose from among the Reward options offered by the merchant, 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. We may, at our sole discretion, replace any Reward you are offered or choose with any other Reward, whether or not it is of the same or similar value or meets your needs or preferences.
a. Additional Reward Information for Prepaid Promotional Cards.
You acknowledge and agree that use of a Prepaid Promotional Card is subject to the Prepaid Award Cardholder Agreement available at https://givecard.s3.us-east-2.amazonaws.com/policies/GiveCard+Cardholder+Agreement.docx.pdf (the “CHA”). You have the right to use the Balance (as such term is defined in the CHA) but YOU ARE NOT THE OWNER OF THE PREPAID PROMOTIONAL CARD AND YOU DO NOT HAVE ACTUAL OR BENEFICIAL TITLE TO THE PREPAID PROMOTIONAL CARD. In the event of a discrepancy between these Rebate Promotion Terms and the CHA, these Rebate Promotion Terms shall prevail.
The Prepaid Promotional Card will be displayed either in the mobile app or the website or provided via email 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 Prepaid Promotional Card number for transactions or purchases initiated over the phone or online. In this manner you may also electronically access your Balance.
In accordance with our Privacy Policy, we will collect, use and disclose your information with our 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 Prepaid Promotional Card. What this means for you: When you apply for a Prepaid Promotional Card, we may ask for certain identifying information, in compliance with our Privacy Policy. By participating in the Prepaid Promotional 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 or our payment service provider may cancel your Prepaid Promotional Card.
In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation. We and our third-party service provider(s) reserve the right to restrict or delay your access to any such funds.
You will not receive a PIN for your Prepaid Promotional Card. You will not be issued a physical Prepaid Promotional Card. The Prepaid Promotional 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 the erroneous activity first becomes visible in your activity history on our website. You may request a written history of your transactions at any time contacting us.
If you believe your Prepaid Promotional Card, Access Code(s), have been disclosed or stolen, contact us immediately at terms@getfondue.com.
The Prepaid Promotional Card is subject to expire, as set forth in the CHA. Following expiration, you will have no right or ability to reclaim the Balance at any point. If you choose to cancel the Prepaid Promotional Card or terminate these Rebate Promotion Terms or the CHA, you understand and acknowledge that you are forfeiting your future use of any Card Balance.
b. Additional Reward Information for Merchant Promotional Cards.
You agree and acknowledge that the Merchant Promotional Card is issued for loyalty, award, or promotional purposes and will be used for personal, family, or household purposes.
c. Additional Reward Information for Coupons.
Coupons issued have no cash value. Coupons can be used for only one transaction, unless otherwise stated on the coupon. You may purchase multiple items in the transaction where you redeem the Coupon, unless otherwise stated on the coupon, up to any maximum discount amount, as applicable. Any unused difference between the maximum value of the Coupon and the value of the Coupon as applied in the transaction will be forfeited.
The coupon cannot be combined with any other coupon, rebate, discount code, offer, or other promotion.
5. WARRANTY DISCLAIMER
WE ARE NOT RESPONSIBLE FOR ANY LOSS OF PROMOTIONAL BALANCES DUE TO YOUR ABANDONMENT OF SUCH PROMOTIONAL BALANCE.
You agree that the Rebate Promotions, Rewards, and other services and products we offer (the “Services”) are available on an “as is” basis, without any warranty, and that you use these services and products at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors, or omissions in the Services or on our website, (d) warranties relating to the accuracy or correctness of data in the Services, and (e) any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions. No advice, results, or other information whether oral or written shall create any warranty not expressly made herein.
We do not warrant that the Services or our website will operate error-free or that our website is free of computer viruses and/or other harmful materials. If your use of our website or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs. If you are dissatisfied with the Services, your sole remedy is to discontinue your use thereof.
Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
6. Limitation of Liability.
In no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Rebate Promotion Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages. Any liability we have to you in connection with these Rebate Promotion Terms, under any cause of action or theory, is strictly limited to the greater of (i) any unredeemed, unexpired Rewards; (ii) your unredeemed, unexpired promotional balance; or (iii) $10, per user, in aggregate for all violations. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with, these Rebate Promotion Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
7. Indemnification.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of these Terms, any breach of the representations and warranties you make in these Rebate Promotion Terms or your use of the Services. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
8. General.
a. Electronic Signatures and Notices.
Certain of the Services may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.
You agree that we may provide you any and all required notices electronically through our website, via email, or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
b. Governing Law.
This Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles.
c. Feedback.
If you submit suggestions, ideas, comments, or questions containing product feedback about or posted through the Services (“Feedback”), you grant us a worldwide, nonexclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display any such Feedback in any form. You shall have no intellectual property right in the Services or our website as a result of our incorporation of Feedback into the Services or our website.